Puffy likes to be fair and open about our terms so please feel free to peruse the legalese details of our company.
PUFFY.COM IS OWNED AND OPERATED BY KUSHGO LLC
January 21, 2017
The following is the Agreement ("Agreement") between the provider of the Puffy mattress ("Puffy”, “we” and “us”), and the visitors and purchasers of Mattresses (“You”, “you "). UPON PURCHASE OF ANY PUFFY PRODUCT, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CONTACT US VIA OUR CONTACT PAGE.
“Products”, means any Puffy mattress, bedding or other product sold via Puffy.com or a Puffy authorized retailer.
“Website” means the website located at the Uniform Resource Locator Puffy.com.
Only adults over the age of eighteen (18) are permitted to use the Website and purchase Puffy Mattress Products.
Listed prices on the website do not include your local State Sales Taxes or State Recycling fees (CA, CT, RI). When you go to check out, we’ll calculate any applicable local sales tax or fees prior to completing your purchase and list them for you.
Puffy only accept third party credit card and PayPal as payment for your Product orders, we accept payment from Visa, MasterCard, Discover, and American Express. It is likely we will obtain a pre-approval from your card issuer for an amount up to the price of your purchase. We will bill your card or PayPal account at the time of your purchase or soon after. If you cancel your transaction after it has been submitted, that pre-approval will likely result in funds not being available immediately thereafter. If you pay by debit card and your purchase payment results in overdraft or other fees from your bank, you alone are responsible for that fee.
Puffy provides free FedEx Home Delivery shipping is available in the contiguous US (All States except for Alaska and Hawaii). We will attempt to ship your Puffy Mattress within 24-48 hours, however delays which are out of our control may very well occur. You acknowledge and agree that we have no control over any third party shipping provider, such as FedEx and UPS (“Shipping Company”), and we are not liable for lost, damaged, or stolen mattresses once they are handed off to the Shipping Company. You are responsible for filing and making claims regarding lost or damaged Puffy Products directly to the Shipping Company in a timely manner.
Our Mattresses and Products use premium materials including memory, and gel infused foam mattress materials. Due to the nature of these premium materials, it is possible that the size and weight of your Mattress may slightly 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 Puffy.com and your sole optional remedy for such variations is to return your mattress as per our Return Policy.
Puffy will provide you with a full refund of the money spent on your Mattress should you not be completely satisfied with your sleeping experience during the first one hundred and one (101) nights of Mattress delivery. We will arrange for a free pickup and removal of your Mattress if you choose to return it.
Upon delivery of your Puffy Mattress, you have a one hundred and one (101) day period of time to return your Mattress. Once returned within the 101 night window, you will receive a full refund for the amount spend specifically on the mattress you are returning.
This Return Policy is only applicable for purchases of genuine Puffy mattresses from Puffy.com. The Return Policy does not apply to any accessories purchased or any Puffy mattresses purchased from any third party retailers.
You are only allowed two (2) Mattress returns per household or shipping address. Any Mattress that has been resold, gifted or transported outside of the contiguous United States will not be eligible for return.
At times, in our sole discretion, we may provide a reduced cost or promotional discount for Puffy Products for a promotional period, to first-time customers, or to other selected customers (“Promotions”). Promotions may be only available for a limited quantity or time and such Promotion may terminate or change at our sole discretion. Links of such Promotions that have been posted on third party websites will only be honored if such Promotions are current, valid, and authorized. We assume no liability for incorrect, expired, or unauthorized third party descriptions of our Promotions.
Our Website allows you to the opportunity to provide Feedback Regarding Your Puffy Mattress (“Review”). At our sole discretion, we will determine whether to post your Review on the Website. In submitting your Review, you agree to grant us an irrevocable, assignable, worldwide license and sublicense to use your Review on our Website, advertisements, social media outlets, and any other media of our choosing. You shall receive no compensation or royalties for the use of your review.
You acknowledge that your reliance upon any advice, opinion, statement, or other information displayed or distributed through the Puffy Website is solely at your risk. We reserve the right, at our discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to anyone at any time. Prior to purchasing any third-party products from any third-party sites, you are advised to verify pricing and other information. Neither Puffy nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Website.
All the materials on the Website, including without limitation, text, images, software and databases (collectively, the "Content") are owned or controlled by Puffy, 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 Puffy.com or any portion thereof for any public or commercial use without the prior written permission of Puffy.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Puffy.com, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Puffy or the relevant Affiliate.
Puffy is a registered Trademark. You agree not to use this Trademark without our express written consent.
UNDER NO CIRCUMSTANCES ARE WE 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 RELATING TO THE WEBSITE IN ANY WAY, 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 USE OF THE WEBSITE.
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 FOR THE MATTRESS.
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.
A requirement by the state of California, we, as the seller of our type of products (mattresses), must inform the public about the possible presence of certain chemicals in our products. We do not believe that our mattresses and other products contain any of the chemicals covered under Proposition 65, we are still 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, Puffy only uses certified foams manufactured here in the USA, 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 we strongly stay to the highest standards of environmental protection.
At Puffy we hold our products to the highest standards of quality and minimal environmental impact. If you have any questions about our products or Proposition 65 please contact our customer service department.
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.
This Agreement constitutes the entire agreement between you and us with respect to the Website and, if applicable your purchase of a Puffy Mattress and supersedes all prior agreements between you and Puffy. 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 Puffy. If you do not wish to be bound by these terms and conditions of use, you should not visit or use the Puffy.com Website. Puffy.com reserves the right to change this Agreement from time to time at its sole discretion, without prior notice.