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 mattress 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 new mattress 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!



September 30, 2015

The following is the Agreement ("Agreement") between the provider of the Lull mattresses Lull Ventures LLC ("Lull”, “We”, “we” and “us”) and the visitors and purchasers of Mattresses (“You”, “you "). UPON PURCHASE OF ANY MATTRESS, 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.

A. Definitions

“Agreement”, means these Lull Terms and Conditions and the Lull Warranty (“Warranty”) and the Privacy Policy both of which are hereby incorporated into this Agreement.

“Mattresses”, means any Lull mattresses, bedding 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 Mattresses.

C. Payment

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 Mattress, 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.

D. Shipping

Free standard shipping is available in the contiguous US (All States except for Alaska and Hawaii). We will attempt to ship your Mattress 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 mattresses once they are handed off to the Shipping Company. You are responsible for filing and making claims regarding lost or damaged Mattresses directly to the Shipping Company.

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 Mattress if you are not completely satisfied with your sleeping experience within the first one hundred (100) nights of Mattress delivery. Additionally, we will arrange for a free pickup and removal of your Mattress if you elect to return it.

Upon delivery of your Mattress, you have a one hundred (100) day period of time to return your Lull mattress. Upon return within the 100 night window, you will receive a full refund of the applicable amount spend specifically on the mattress you are returning.

This Return Policy is only applicable for purchases of genuine Lull mattress from lull.com. The Return Policy does not apply to any accessories purchased or any Lull mattresses 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.

G. Discounts and Offer Codes

From time to time, in our sole discretion, we may provide a reduced cost or promotional discount for Mattresses, 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.

We may provide you with an opportunity to participate in our referral program 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.

H. Reviews

Within our Website we provide you an opportunity to provide feedback regarding your Lull Mattress (“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. 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 Mattresses 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.

J. 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.

K. 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 MATTRESSES 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.

L. Governing Law

THIS AGREEMENT AND THE TERMS OF MATTRESS 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.

M. 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, 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.

N. Disputes

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.

O. 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 Mattress 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.

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