Terms and Conditions

For the web site of Personal Touch® Bed

Our Address is:
http://www.PersonalTouchBed.com

Personal Touch® Bed
16192 Coastal Hwy.
Lewes, DE 19958

We can be reached via e-mail at info@personaltouchbed.com
Or you can reach us by telephone at 800-531-3098

Important Legal Information

This Web Site is owned and provided by PersonalTouchBed.com. Please understand that all services provided by PersonalTouchBed.com through this Web Site, including the sale of any products, are provided subject to the following terms and conditions. BY USING THIS WEB SITE, WHETHER BY PURCHASING ANY PRODUCTS FROM OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a violation of any of these terms and conditions, PersonalTouchBed.com reserves the right to deny future access to the Web Site and to seek all remedies available at law and in equity. By ordering over the phone or directly through our website you agree to the following terms and conditions.

PRODUCT SALES AND ORDERS

All mattress orders include free shipping. Some Assembly is Required.

White Glove Delivery is available per request for a fee. No Assembly is Required.

All Delaware resident's purchases will not have to pay State Sales Tax.

There will be no Sales Tax for out of State deliveries.

Customer credit cards will be charged at time of order. Personal Touch® Bed is not responsible for any error created by the customer placing an order. Any and all errors will be resolved as they occur. Personal Touch® Bed is not responsible for any delays related to order deliveries caused by weather conditions or related issues. Personal Touch® Bed is not held responsibility for any issues regarding slight color variations of the delivered items and online pictures. If for any reason, a customer decides to cancel his or her order, he or she must notify Personal Touch® , within 24 hours from the Time and Date of Purchase. Example: The order is placed on Jan 1st, 2011 at 2PM. The customer has the right to cancel their order until Jan 2nd, 2011 at 2PM. If the customer cancels their order after 24 hours, Customer will be issued a refund minus a 29% restocking fee.

On financing orders: Only orders that have been approved for financing will be shipped. Please supply your approval confirmation code to this order to bypass administration times and any shipping delays. By financing, you are bound by the terms and conditions listed on our site.

DELIVERY

All bedding items will be shipped within agreed upon terms. All details of delivery must be added to the Purchase Invoice. We strongly urge you to inspect your delivery upon receipt. After signing satisfaction of delivery, Personal Touch® Bed is not responsible for any damage or issues with the purchased product.

If you purchase an adjustable bed, it will be shipped standard freight truck. It will take up to 15 business days or more to be delivered.

SHIPPING

Tracking information will be made available to every customer upon shipment of any order. Customers will be emailed the tracking numbers. Customers can also log into customers account and view tracking information. $200 fee is added to all HI & Alaska orders due to higher shipping rates. *If you purchase an adjustable bed, it will be shipped standard freight truck. It will take up to 15 business days or more to be delivered.

*FREE Same Day Free Shipping applies to orders placed before 3:00PM Eastern, Monday through Friday. If your order is placed after 3:00PM Eastern it will be setup for shipping the next business day. If your order was placed over the weekend it will be setup for shipping on Monday. Please allow 24 to 48 hours for tracking numbers to become available. Your shipment will arrive between 7 to 10 business days. Thank you for your patience.

RETURNS AND EXCHANGES

60 Night Trial Terms

What is your 60 night risk free trial?

At Personal Touch Bed™ we believe a full 60 nights is needed for your body to adjust to its new sleep support system. During any part of the 60 night trial you feel unsatisfied with the overall comfort. Personal Touch will honor our 60 Night Comfort Exchange Policy. We will do our best to supply you with the best night sleep you can receive. On rare occasions, sometimes the air chambers functionality isn’t enough, our Comfort Exchange Policy allows for you to exchange out components of your mattress to help accommodate for a more plush or firm feeling. We will even exchange out your recently purchased mattress for one of equal value.

TRIAL AVAILABLE ON MATTRESS ONLY, ACCESSORIES, ADJUSTABLE FRAMES, FOUNDATIONS, BEDDING ARE AS IS AND NOT RETURNABLE.

An RMA must be filled out prior to the end of your trial period. Failure to send us an RMA may result in a forfeit of your ability to return your mattress. Once your RMA is received you will received an email notification. Once your product is picked up from your location it may take up to two weeks for you warehouse to receive the product. It may take up to 15 days for Personal Touch Bed to inspect the product. Once the product is inspected it could take up to an additional 15 days for you credit to be applied to your credit card, finanacing, or by check.

LIMIT ONE TRIAL, PER CUSTOMER.

*Our no risk free trial requires you to purchase a mattress protector to be enrolled into our free trial period.

** Accessory items are not returnable. Such as mattress protector, pillows, frames, adjustable bases, sheets.

***Our free trial period is available to all mattress series but excludes the Classic Series models, Robert, Kim, and Scarlett. There are no return shipping fees.  There is however a 15% disposal mattress fee for all returned mattresses

Credits or charges due will be issued to the original form of payment. Please allow up to thirty (30) days after the item has been received by our warehouse for your return process to be completed.

Frames and foundations (adjustable or non) and metal bed frames are not returnable. They are not included in our special trial offer. They are universally sized, and not exclusive to a Personal Touch mattress.

Please note: All beds must be returned in like-new condition. This means no holes, stains or odors such as cigarettes and cigar to qualify for a full refund or exchange. Adjustable frames, bedding, pillows and accessories are not returnable. *Orders cancelled or refused after shipping will be credited less the freight cost.

An RMA must be filled out prior to the end of your trial period. Failure to send us an RMA may result in a forfeit of your ability to return your mattress. Once your RMA is received you will received an email notification. Once your product is picked up from your location it may take up to two weeks for you warehouse to receive the product. It may take up to 15 days for Personal Touch Bed to inspect the product. Once the product is inspected it could take up to an additional 15 days for you credit to be applied to your credit card, finanacing, or by check.

What is Personal Touch® Bed return policy?

To begin the return process please click here to download the RMA (Return Merchandise Authorization) request form, complete form and fax back to 800-531-5098 in order to receive your RMA number. We will not accept a return without proper RMA number. If you have any questions, please call 800-531-5098 (ext. 6) M-F 9AM-5PM Eastern for our returns department.

30 days after your purchase date you will have the option to exchange your mattress or return it for a full refund. TRIAL AVAILABLE ON MATTRESS ONLY, ACCESSORIES, ADJUSTABLE FRAMES, FOUNDATIONS, BEDDING ARE AS IS AND NOT RETURNABLE. You will have an additional 30 days (for a total of 60 days from your purchase date) to schedule a return please contact us to attain a "RMA" Return Material Authorization.

Mattress returns must be packaged in original boxes and plastic. Mattress must be in excellent condition, without stains, odors including cigarette and cigar smoke, pet fur, or damage or eligible for a full refund, however if your mattress is sent back with in poor condition or with stains, odors including cigarette and cigar smoke, pet fur, or damage then our staff will send you a refund minus the replacement parts to sell the item as certified refurbished conditioned. Frames and foundations (adjustable or non) are not returnable.

In the unlikely event you receive incorrect or damaged merchandise, please notify us immediately. We will correct this ASAP.

*Our no risk free trial requires you to purchase a mattress protector to be enrolled into our free trial period.

** Accessory items are not returnable. Such as mattress protector, pillows, frames, adjustable bases, sheets.

***Our free trial period is available to all mattress series but excludes the Classic Series models, Robert, Kim, and Scarlett. There are no return shipping fees.  There is however a 15% disposal mattress fee for all returned mattresses

Trademarks, Copyright, etc.

This Web Site is owned and operated by PersonalTouchBed.com. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the "Materials"), is the property of PersonalTouchBed.com and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of PersonalTouchBed.com and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any Materials or other content from this Web Site without the prior written consent of PersonalTouchBed.com. Without in any way limiting the foregoing, you agree not to use the Web Site or any Materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to PersonalTouchBed.com or its business.

PersonalTouchBed.com retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, including without limitation PersonalTouchBed.com®, PersonalTouchBed®, PersonalTouchBed.com™, PersonalTouchBed™, Personal Touch® Bed™ and the mattress names of many of our products, as indicated, all of which are registered and/or common law trademarks of PersonalTouchBed.com in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other PersonalTouchBed.com product names, graphics, logos, service names and custom icons are included within the intellectual property of PersonalTouchBed.com and all rights thereto are expressly reserved. PersonalTouchBed.com's trademarks and intellectual property may not be used by any third party without the express written permission of the Company and, without limiting the foregoing, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of the trademark, disparage or discredit PersonalTouchBed.com or its products and services, or cause confusion among consumers. Any other trademarks that appear on this site and are not owned by PersonalTouchBed.com are the property of their respective owners.

No affiliation exists between Personal Touch® and Select Comfort® or Sleep Number Bed® and the other brand trademark owners listed on this site. No product belonging to the brand trademark owners listed on this site is sold on this site. Any reference to a brand trademark is for information and consumer comparison purposes only. Trademarks listed on this site are registered trademarks of their respective owners.

Metatags, Hidden Text, Linking or Framing

PersonalTouchBed.com expressly prohibits any use of our trademarks, trade names or brand names in metatags, keywords and/or hidden text. The use of our trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to this Web Site, or any page or portion thereof, without the prior written consent of PersonalTouchBed.com is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the PersonalTouchBed.com Web Site or its Materials with any other site, advertisement, link or other information or materials not originating from this Web Site is expressly prohibited.

Subject to Change

PersonalTouchBed.com reserves the right to make changes or modifications to this Web Site or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. You should review these terms and Conditions frequently, as your use of the Web Site following any changes to these Terms and Conditions shall constitute your acceptance of and agreement to be bound by the revised terms and Conditions whether or not you have actually reviewed them. PersonalTouchBed.com may in its sole discretion terminate, suspend or discontinue any aspect of the Web Site, including the availability of any features or products, at any time and without notice or liability. PersonalTouchBed.com may also restrict your access to all or any portion of the Web Site without notice or liability.

Products and Prices

Without limiting the generality of the foregoing section (Subject to Change), the price and availability of any products contained or referenced on this Web Site is subject to change at any time and without notice. As noted elsewhere herein, PersonalTouchBed.com is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item.

All prices displayed on this site apply only to the products and services available on the Web Site and may not necessarily reflect the prices of such products or services, or similar items, available through our retail stores, catalogs or otherwise. Prices are at all times subject to availability and nothing herein shall constitute an "offer to sell." We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. Without limiting the generality of the foregoing, we specifically reserve the right to refuse to sell to any person or entity known or believed by us to be a reseller of our products. The receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell.

Applicable Law

This Web Site is created, controlled and maintained by PersonalTouchBed.com in the State of Delaware. Accordingly, the laws of the State of Delaware shall in all events govern any disputes relating to this Web Site, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. PersonalTouchBed.com makes no representations as to the compliance of the Web Site or its terms and conditions with any applicable law. If you choose to access the Web Site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. You may not use the Web Site in violation of U.S. export laws.

By using this Web Site, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of Delaware and agree that it shall serve as the sole and exclusive venue for any disputes relating to this Web Site. Any claim or cause of action brought by you with respect to matters related to the Web Site, including these terms and conditions, must be brought in a state or federal court located in the State of Delaware and must be commenced no later than one year after the claim arises.

If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this Web Site and may only be modified by a writing signed by both parties.

Third Party Sites

As a convenience to you, and for informational purposes only, PersonalTouchBed.com may from time to time provide links to web sites operated by other entities unrelated to PersonalTouchBed.com. If you use any such link, you acknowledge that you will be leaving this Web Site to visit another. If you decide to visit any linked site, you do so at your own risk. PersonalTouchBed.com expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that PersonalTouchBed.com endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and PersonalTouchBed.com expressly disclaims any such endorsement.

Disclaimer of Warranties

THIS WEB SITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PERSONALTOUCHBED.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

Without limiting the generality of the foregoing, this Web Site and the Materials contained herein may contain inaccuracies and typographical errors. PersonalTouchBed.com does not warrant the accuracy or the completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Web Site. Any reliance on any of the foregoing shall be at your sole risk.

Disclaimer of Liability

IN NO EVENT SHALL PERSONALTOUCHBED.COM, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB SITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF PERSONALTOUCHBED.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Forward Looking Statements

Some of the documents and information contained in (or directly accessible from) this Web Site may include so-called "forward-looking statements" under United States securities laws. Forward-looking statements include but are not limited to any statements concerning the Company's or management's plans, objectives, goals, strategies, expectations, estimates, beliefs or projections, or any other statements concerning future performance or events. Actual results could differ materially from those indicated by these forward-looking statements as a result of various risks and uncertainties, including but not limited to the following: the current economic conditions in the United States as a whole and the continuing weakness in the retail environment; the risk that we will be unable to maintain our historical growth rate; the effects of competition from others in the highly competitive bedding industry; our ability to anticipate and react to industry trends and changes in consumer demand; our dependence upon our senior executive officers or the risk of loss of our manufacturing and distribution facilities. Any forward-looking statements represent our views only as of the date made and should not be relied upon as representing our views as of any subsequent date. While we may elect to update certain forward-looking statements at some point in the future, we specifically disclaim any obligation to do so even if experience or future events may cause the views contained in any forward-looking statements to change.