Terms & Conditions
Terms and Conditions
These Terms and Conditions apply to the website and all other online properties (the “Website”) operated by Bed2Go Inc., a Canada corporation (“Bed2Go”, “we”, or “us”) and any other terms referred to herein (collectively the "Terms and Conditions") apply between you and Bed2Go when you order or purchase any Bed2Go mattresses (“Mattresses”).
Every time you order or purchase Products from Bed2Go, the Terms and Conditions in force at that time will apply between you and Bed2Go. We reserve the right to change the Terms and Conditions at any time without notice, effective upon their posting on this page. Please review the Terms and Conditions prior to placing an order or making a purchase from Bed2Go.
THIS IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. BY ORDERING OR PURCHASING PRODUCTS FROM BED2GO, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OR DO NOT ACCEPT ANY PART OF THEM, YOU MAY NOT PLACE AN ORDER OR MAKE ANY PURCHASE FROM BED2GO.
1. Use
You acknowledge and agree that your access to, and use of, the Website provided by Bed2Go, is subject to the applicable Terms and Conditions, including, inter alia: (i) the Terms and Conditions, the Limited Warranty, the Privacy Policy, and any rules, restrictions, limitations, terms, and/or conditions that may be posted or otherwise communicated to you; and (ii) any applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions.
2. Privacy
Please refer to the Privacy Policy for information on how Bed2Go collects, uses, and discloses information we receive from you. You acknowledge and agree that, in order to process your order and/or purchase, Bed2Go may provide your order and/or purchase information to third parties to assist in fulfilling and/or delivering your order and/or purchase.
3. Electronic Communication
You are communicating with Bed2Go electronically when you use the Website or send email to Bed2Go. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Eligibility
No part of the Website is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER.
If you are using the Website on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of the Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these on behalf of that Organization.
5. Copyright, Trademarks and Other Intellectual Property
All content included in or made available through Bed2Go, Products and/or the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Bed2Go or our content suppliers. This material is protected by United States, Canadian and International copywrite laws. All of the content included in or made available through www.bed2go.ca is exclusive and protected by U.S., Canadian and International copyright laws.
“Bed2Go”, and related icons and logos are trademarks or service marks (collectively the “Marks”) of Bed2Go and are protected under applicable copyright, trademark and other proprietary rights law. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Bed2Go is the sole owner or lawful licensee of all the rights and interests of the Website www.bed2go.ca. Bed2Go has intellectual property rights protected under the worldwide patent, copyright and other laws. You agree not to infringe any or all of the title, ownership and intellectual property rights of Bed2Go. You hereby indemnify Bed2Go to the extent of any breach of intellectual property rights by or through your use of www.bed2go.ca. All rights not otherwise claimed under the Terms and Conditions or by Bed2Go are hereby reserved.
Bed2Go respects the intellectual property of others. If you believe that your work has been copied in a way that constitute copyright infringement, please contact us at
support@bed2go.ca.
6. Limited License and Website Access:
We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read. This include using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.
7. Disclaimers
ANY PRODUCTS PURCHASED FROM BED2GO IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY. WITHOUT LIMITING THE FOREGOING, ANY PRODUCTS PURCHASED FROM BED2GO IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF COMPLETENESS, OR OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU MAY CHOOSE WHETHER TO MAKE A CLAIM UNDER THE TERMS AND CONDITIONS OR THE LIMITED WARRANTY OR BOTH, BUT YOU MAY NOT RECOVER TWICE IN RESPECT OF THE SAME LOSS. TO INITIATE A CLAIM UNDER THE LIMITED WARRANTY, YOU SHOULD
CONTACT support@bed2go.ca.
8. Limitation of Liability
Nothing in the Terms and Conditions, and in particular within this limitation of liability provision, shall attempt to exclude or limit liability that cannot be excluded under applicable law. Without limiting the foregoing, the following is not intended to limit the application of section 10 of the Quebec Consumer Protection Act, if such section is otherwise applicable. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL: (I) BED2GO, OR OUR AFFILIATES, OUR OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO PRODUCTS, EVEN IF BED2GO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) BED2GO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO BED2GO FOR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
9. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions or any other agreement if such failure is caused by an act or event beyond our reasonable control, including, without limitation, an act of God, strike, lock-out or other industrial action by a third party, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic, natural disaster, failure of public or private telecommunications network, or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
10. Severability
If any provision of the Terms and Conditions is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect
11. Waiver
Failure or delay by us to enforce the Terms and Conditions or any provision thereof will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
12. Right to Update and Revise
Bed2Go reserves the right to change, modify, add or remove portions of this Terms and Conditions at any time and from time to time, without prior notice to you. However, Bed2Go will treat your continued use of the Website following such revision as your acceptance of the revised terms.
13. Termination
Bed2Go may terminate this Terms and Conditions at any time, with or without notice, for any reason.
14. Entire Agreement
Except as otherwise stated herein, the Terms and Conditions constitute the entire and exclusive understanding and agreement between Bed2Go and you with respect to your order and/or purchase of Products from Bed2Go, and supersedes any other agreements or discussions, oral or written.
15. Applicable Law
You agree to comply with all applicable laws, ordinances and regulations regarding your use of and your purchase of products and/or services through the
Website. Any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the Terms and Conditions or Bed2Go shall be governed by the laws of Quebec, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial and federal courts in or for Québec, Quebec, Canada for the purpose of all such claims, disputes, actions, causes of action, issues, or requests for relief.
16. Orders
After we receive your order and payment, we will send you an order confirmation via email. Please carefully review all information included in both the order confirmation and the receipt and notify us of any changes or corrections as soon as possible. Your receipt of an order confirmation and/or a receipt does not signify Bed2Go’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order and/or payment. Bed2Go reserves the right at any time after receiving your order and/or payment to accept or decline your order for any reason. If Bed2Go cancels an order after you have paid for the order (in part or in whole), Bed2Go will refund the amount paid. Once placed you may not cancel your order except by emailing support@bed2go.ca immediately after placing it.
17. Availability
Given the popularity and/or supply constraints of the Products, Bed2Go may limit the number of Products available for purchase. There may be occasions when Bed2Go confirms and/or accepts payment for your order but subsequently learns that we cannot supply the ordered Products. In the event, we cannot supply Products you ordered, Bed2Go will cancel the order and refund your payment in full.
18. Price
All prices are in Canadian dollars unless otherwise expressly stated in writing. Bed2Go reserves the right to change the prices and specifications of the Products at any time without prior notice, and to correct pricing errors that may inadvertently occur.
19. Payment
The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, Discover, American Express, as detailed on the applicable payment screen.
20. Return/Refund Policy
Mattresses - Every Mattress comes with the 100 night comfort exchange which begins on the date your Mattress is delivered. To initiate a return, contact us by sending an email to support@bed2go.ca including your order confirmation number and reason for return. Return requests must be received within the 100 night period after delivery and any requests received beyond 100 days will not be eligible for return. Bed2Go requires that a customer sleep on the mattress for a 30 night period to allow the customer adequate time to adjust to the qualities of the new mattress and properly gauge their satisfaction. The Bed2Go team will arrange for the pick-up or removal of the Mattress. Refunds will not be made for customers who schedule their pickup separately. Return requests for an address that is outside of the country the Mattress was purchased will not be accepted or eligible for return/refund. Products must be in donatable condition to be eligible for return (e.g., no stains, tears or other soiling including odors).
Provided the product is in a donatable condition, we will process the refund once we have received the product back at our facility.
There is a Limit of one return per product type for each household and a Limit of one return per product type for each customer.
Refunds will be issued within two business days after the returning product has been received. Refunds are applied to the original form of payment used for the original purchase. Refunds can take up to 14 business days to be reflected on your financial records.
21. Order Cancellations
Bed2Go processes orders for shipping within 24 hours of the purchase during weekdays and on the first business day after a weekend. To cancel your order, please contact us as soon as possible to stop your order before it ships. We will try our best to cancel your order before it ships but cannot guarantee this.
If you change your mind while your order is in transit, contact us, refuse delivery and request that the item be “returned to sender”.
Refunds will be completed as described in the Return/Refund Policy.
22. Questions
If you have any questions or concerns regarding the Website or the Terms and Conditions, please contact us via email at support@bed2go.ca.