1. GENERAL
1.1 This website is owned and operated by Woolroom Inc, Registered office: 251 Little Falls Drive, Wilmington, DE, 19808, United States. EIN: 32-0654070
1.2 As a user of this website you acknowledge that any use of the website including any transaction you make is subject to these terms and conditions below. These terms and conditions constitute the sole terms and conditions of the contract between you and us. No other terms, conditions, or understanding, whether oral or written, shall be binding upon us.
1.3 We reserve the right to change these terms and conditions at any time. Any such changes will take effect on the date posted on the website. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify acceptance to be bound by the latest terms and conditions.
1.4 In these terms and conditions:
1.4.1 "we/us/our" means Woolroom Inc;
1.4.2 "you/your" means the person, company or other legal entity using the website whether to purchase the Goods or not;
1.4.3 "Goods" means all products listed on the order and the order confirmation e-mail;
1.4.4 "working days" means all days other than Saturdays, Sundays or public holidays in the United States.
1.5 These terms and conditions set out the basis on which you can use our website and place orders for goods from us. By ordering goods from us, you are deemed to have read, understood and accepted our terms and conditions below.
1.6 Please read through these terms and conditions carefully before using this website.
2. NATURE OF THE GOODS
2.1 To the best extent possible, any goods purchased from us through our website will :
2.1.1 be of satisfactory quality;
2.1.2 be fit for purpose;
2.1.3 match the description provided; and
2.1.4 be assembled and/or installed properly (if we assemble and/or install any goods for you)
2.2 We must provide you with goods that comply with your legal rights.
2.3 We will use all reasonable endeavours to ensure that any description of our goods on our website is accurate. There may be a small tolerance of up to ten percent (10%) in any weights, sizes and measurements in our goods.
2.4 The colours of our goods are displayed accurately on the website, however the colours that you see may vary depending on the monitor, software and/or browser you are using to view our website. We cannot accept any responsibility for variation caused by the equipment you are using to access our website.
2.5 All goods are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend to use any goods in a business or public environment.
3. OUR LIABILITY
3.1 Subject to Clause 3.3, if either we or you breach this Agreement and are responsible for any losses that the other suffers as a result, neither of us will be responsible to the other for any losses which were not foreseeable to you and us when the contract was formed.
3.2 We will not be liable to you for any losses that you suffer as a result of use of the goods in the course of a business or by a person other than a consumer.
3.3 These terms and conditions are not intended to limit, in any way our or your liability:
3.3.1 for death or personal injury caused by our negligence;
3.3.2 for fraud or fraudulent misrepresentation; or
3.3.3 for any matter for which it would be unlawful or illegal for you or us to exclude, or attempt to exclude, your or our liability.
4. ORDER PROCESS
4.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
4.2 Acceptance of your order, and the completion of the contract between you and us will take place when you are presented with the screen informing you that your order has been placed and providing you with your order number. We will also provide you with an order confirmation email shortly after this.
5. DELIVERY
5.1 We make every effort to deliver goods within the estimated timescales, however we do not guarantee that they will arrive by a particular date. In no event shall dates be construed as falling within the meaning of “time is of the essence”.
5.2 Where you order goods which are made to order, such as beds and mattresses, we will contact you to let you know when we expect to deliver your goods to you. For all other goods, in the unlikely event that we cannot deliver them within fifteen (15) working days of acceptance of your order we will contact you to let you know. At the same time we will make every effort to locate the goods and if necessary, send a replacement at our expense, or provide a full refund. However, under no circumstances you will be entitled to any damages due to our failure to deliver on time.
5.3 In addition, delays are occasionally inevitable due to unforeseen circumstances and we cannot be held responsible for delays which are outside of our control. In any event, we will not be responsible for any delays in filling orders, nor we will be liable for any loss or damages resulting from such delays regardless of whether such delays are due to force majeure or otherwise.
5.4 If the goods arrive damaged in any way, you should contact us as soon as possible and we will organise return of these faulty goods. We will send a replacement upon confirmation that the damaged goods have been returned.
5.5 Risk of loss and damage of goods passes to you on the date when the goods are delivered to you.
5.6 If you do not accept or pick up the goods, the delivery of the goods shall nevertheless be deemed accepted by you and you will therefore pay for the goods delivered.
5.7 We use DHL and FedEx for US deliveries. We reserve the right to ship items with any of these couriers and will always choose the service that we feel will benefit the customer the most.. Please leave a mobile number or email address to receive delivery notifications in the event the courier chosen provides this service.
5.8 As our merchandise is of ‘reasonable value’ we have chosen a delivery service which requires a signature on delivery. Please bear this in mind when placing your order.
5.9 A FedEx Ground Service is used to deliver our mattresses to ensure quality of service. Standard delivery of mattresses is free.
5.10 We use either DHL or Fedex for our international orders. Shipping times and charges will vary dependant on destination and weight. Duties and taxes may also be charged by the courier if your delivery destination imposes these additional charges. Woolroom do not cover these additional charges. To see the standard delivery charges for international orders, please click this link.
5.11 If you believe your order has been delayed you can either contact the courier directly or contact us for further information.
6. EVENTS BEYOND OUR REASONABLE CONTROL
6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by any acts of God, events, occurrences or circumstances beyond our presumable control and shall include but not be limited to war (whether declared or not), insurrection, national or international emergency, governmental negative travel advice, fire, flood, explosion, pandemics, breakdown of machinery or equipment, labor disturbances, strikes, lock-outs or other labor disputes, requisitions, stoppage or delay of transportation, defects or delays in deliveries by subcontractors, shortages of fuel, power equipment, materials, supplies or labor or destruction or loss or damage due to natural causes due to any kind whatsoever.
6.2 If such an event occurs, we will try to perform our obligations under the contract as soon as possible and will use our reasonable endeavours to find a solution. If your purchase has not been delivered to you within six (6) weeks of the estimated date of delivery, due to an event which is outside of our control and not at any fault on your part, then you can contact us to receive a full refund.
7. PRICE AND PAYMENT
7.1 The price of any goods will be as quoted at the time we receive your order, except in the cases of obvious errors.
7.2 Payment for an order can be made by any method specified in this website.
7.3 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses, to or does not for any reason authorise payment to us, and in the absence of negligence on our part, we will not be liable for any delay or non-delivery.
7.4 Unless otherwise stated in writing, all prices include any present or future federal, state or local property, sales, use, excise, license, gross receipts or other taxes or assessments which may be applicable to, imposed upon or result from this transaction or any services performed in connection with these terms and conditions or the goods. The prices exclude delivery charges, which will be shown when you proceed to choose a delivery option, and then added to the total amount due when you proceed to pay for your order.
8. AVAILABILITY
8.1 All goods are subject to availability. Availability is usually advised when placing an order but if this is not possible, we will advise of any delay as soon as is reasonably practicable.
8.2 In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
9. RIGHT TO CANCEL, RETURNS, REFUNDS AND EXCHANGES
9.1 If the goods are found to be faulty, you may cancel your order up to fourteen (14) days after the day that the goods were received. We will be happy to offer you an exchange or refund, provided that the goods are returned complete, in original condition and in their original packaging. We recommend that you obtain proof of postage when returning goods, as we cannot accept responsibility for goods lost in transit.9.2 If you have opened any boxes to examine the goods this must have been done without damaging the packaging in any way, as the packaging is specifically designed for the goods and is deemed to be part of the goods. We reserve the right to reasonably refuse any returns where, owing to damage to the packaging, goods are not in a resalable condition.
9.3 For all returns to mainland United States and Canada (excludes mattresses and toppers), we offer a free returns service using USPS and Canada Post. A pre-paid return label is provided upon following the return instructions here.
9.4 Please take care to read goods care information labels, as we will not give a refund for, or exchange, goods that have been damaged when cleaning, ironing or in the wash.
9.5 If exchanging goods, and the new goods you require costs less than those you have returned, we will refund to you the difference. If exchanging goods, and the new goods you require costs more than those you have returned, you will be required to pay the difference.
9.6 To cancel an order, you must inform us in writing (e.g. by a letter sent by post or email to the addresses shown in the cancellation form below). You can use the model cancellation form set out in the box below, but it is not obligatory:
9.7 If you cancel your order in accordance with this section, your payment for the order will be refunded in full within fourteen (14) days.
9.8 When returning goods, please let us know that you wish to have a refund as well as the reason for returning. If it assists you, you may like to complete the order cancellation form provided above, but you do not have to use this.
9.9 Please state clearly what the fault is with respect to the goods and try to package the goods so that it can be seen. Pack the goods securely in a parcel, enclose the returns note and send back to:
US Address:
Woolroom C/O Red Stag Fulfillment
5502 Island River Road,
Knoxville,
TN
37914,
United States
Canadian Address:
Woolroom C/O Ezi Returns
45 Mural Street
#3 Richmond Hill
ON
L4B 1J4
9.10 Any goods that have not been packed correctly and have been damaged on return cannot be exchanged or a refund given.
10. LIMITED WARRANY; DAMAGES
We warrant, for twelve (12) months after delivery, unless indicated to the contrary, that the goods, covered by the contract are produced according to usual practices, customs, standards, specifications and tolerances of trade prevailing in the country of origin at the time of production and shall be free from defects in design, material, workmanship and shall conform to our specifications. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES, AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. Goods showing only minor defects, not affecting the function of the goods or program shall be accepted by you and shall not give rise to any claim against us. All claims of damages of any kind during delivery are barred unless reported in writing by you to us, with full disclosure of particulars within five (5) days after delivery as defined herein.
11. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights to, ownership of, and interest in all goods, trademarks, trade names, logos, distinctive marks, designs, and other materials created and/or made available by us hereunder or within the framework of the relationship between you and us (the “Intellectual Property”) are vested exclusively in us. You shall not reproduce, modify, transfer, grant, assign, license or use the Intellectual Property, except in accordance with these terms and conditions. You shall not remove or alter indications concerning intellectual property rights and concerning the confidential nature of information from goods and other materials created or made available by us to you. We make no warranty that the goods or services or other intellectual property do not infringe the rights of third parties.
12. WAIVER
No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13. SEVERABILITY
13.1 If any provision of these terms and conditions, or part of any provision, is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.
13.2 If a provision of these terms and conditions, or part of any provision, is found illegal, invalid or unenforceable, we shall inform you and amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the original commercial intention.
14. GOVERNING LAW AND JURISDICTION
14.1 Contracts for the purchase of goods through our website will be governed by Illinois law, without reference to conflict of laws principles.
14.2 These terms and conditions are governed by Delaware law,, without reference to conflict of laws principles. The Illinois courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site or from any contract for the purchase of the goods although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
15. DISPUTES AND COMPLAINTS
15.1 We will try and resolve any disputes with you quickly and efficiently.
15.2 If you have any concerns or are unhappy with anything then please contact us as soon as possible. Our Customer Services can be contacted on the following number 888 513 1092 (open 7.00am - 7pm, Monday to Friday, Eastern Time Zone) or e-mail [email protected].
15.3 Where your dispute cannot be resolved, once you have exhausted our internal complaints process, you may refer the dispute to an Alternative Dispute Resolution (ADR) provider.
16. ASSIGNMENT
You shall not assign or transfer these terms and conditions or any related contract or purchase order without our prior written consent. We shall expressly be permitted to assign or transfer, without your prior written consent, our rights and obligations under these terms and conditions.
