Terms of service

Terms and Conditions

Effective Date: January 1, 2025

These Terms and Conditions (“Terms”) apply to your purchase of Products (as defined below) from Lullabee, Inc. (“Lullabee,” “we,” “us,” or “our”) via our website located at https://lullabee.com (the “Website”). Your acceptance of these Terms creates a legally binding agreement between you and Lullabee.

1. PURCHASING THE PRODUCT

You must accept these Terms to purchase the Lullabee mattress product (the “Product”) that you have so indicated on our website order form (the “Order Form”). If you do not accept these Terms you may not purchase the Product.

2. ORDER

All orders for the Product are subject to Lullabee’s acceptance. We may accept, decline, or place limits on your order for any reason. You represent and warrant that you have the legal capacity to agree to these Terms and are at least 18 years of age.

Prices on the Website and the Order Form are stated in United Stated Dollars and are exclusive of any taxes and shipping and handling fees (if any) unless otherwise specified by Lullabee. We reserve the right to change the prices for the Product at any time without notice. You are responsible for all applicable taxes, and such taxes shall be listed on the Order Form. Presently, we do not charge for shipping and handling. However, if we charge for shipping and handling in the future, it will be listed on the Order Form.

We may refuse or cancel any order or limit any order quantity in our sole discretion, even after receiving your order. We may also require additional qualifying information prior to accepting or processing your order. While it is our practice to confirm orders by e-mail, your receipt of an e-mail confirmation does not constitute our acceptance of your order or our confirmation of an offer to sell a Product.

If you wish to purchase a Product, you may be asked to supply certain relevant payment information, such as your credit card information and shipping information (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT INFORMATION (AS DEFINED BELOW) THAT YOU CHOOSE TO USE TO COMPLETE ANY SUCH TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction.

We use third-party service providers to process payments (each, a “Payment Processor”). The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to those of these Terms. We are not responsible for any errors or mistakes by a Payment Processor. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.

We make no representations as to the completeness, accuracy, reliability or validity of any Product listings, descriptions or images (including without limitation, any features and specifications such as weights and sizes). Such information and the availability of any Product (including without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of the Product, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. All transactions are final, except as otherwise allowed for herein (e.g., see MONEY BACK GUARANTY; RETURNS below).

We make every reasonable effort to ship orders promptly. The actual delivery of your order can be impacted by many events beyond our control, and you agree we are not liable for late deliveries. If the Product you purchase is out of stock or your order cannot be processed and/or shipped for any reason, then you will be notified via email or phone promptly after our receipt of the order. Transit times are in accordance with the delivery service provider’s quoted delivery timeframe for the selected shipping method. If free shipping is offered, we will select the most economical shipping option that allows for tracking, delivery confirmation, and insurance. Title to and risk of loss for a Product will pass to you upon delivery of the Products to the applicable carrier or authorized representative for pick-up, if applicable. Currently, orders cannot ship to addresses outside of the United States. Products are only available for sale in the United States, and Lullabee makes no representation that a Product is appropriate or available for use in any other countries or territories.

3. MONEY BACK GUARANTY; RETURNS

If you are the original purchaser of a Product and you are not satisfied with the Product for any reason, you may request to return it to Lullabee within thirty (30) days (the “Money Back Guaranty Return Period”) of the date you received the Product and receive a refund. To start a return, please contact us clicking on “Customer Support” at the bottom of our Website’s homepage. To return a Product to Lullabee, you must first obtain a return merchandise authorization number (“RMA”) from a customer support representative at Lullabee. Lullabee may ask for additional information upon such request. Once an RMA is obtained, you will be responsible for shipping the Product back to us with the RMA number together with proof of purchase and all accessories, either in their original packaging or packaging affording an equal degree of protection, to the Lullabee authorized facility identified by a Lullabee customer support representative. In addition, to be eligible for a return, you must satisfy the following criteria: (a) your return must arrive in like-new condition; (b) your return must include all original components and accessories; and (c) your return must be postmarked within ten (10) business days of your receipt of the RMA. If you request a refund within the Money Back Guaranty Return Period, we will provide you with a pre-paid return label, free of charge.

Upon our receipt of the Product, we will evaluate it to ensure it meets the return criteria described above. Upon accepting your return, we will refund the full cost of your Product to the original payment method you used to purchase the Product. You will receive notification via email if your return was rejected. Your failure to return the Product, including without limitation, any of the accessories, in the manner described in this Section 3 may result in a cancellation, delay or reduction of the refund, an invoice for the missing components or accessories, a restocking fee or any other remedy that Lullabee may deem appropriate in its sole discretion. We reserve the right to reject returns of: (a) non-functional Products, (b) Products damaged during return shipping to us (please pack your return securely), (c) Products missing components, (d) Products not in adequate packaging, and (e) Products not shipped by you within ten (10) business days of your receipt of an RMA. Notwithstanding anything to the contrary contained herein, Lullabee shall have no obligation hereunder if a Product becomes defective in whole or in part as a result of improper use, alteration, neglect or abuse after having been delivered to you, or for damage resulting from fire, flood, natural forces or the equivalent while the Product is in your possession.

4. FEEDBACK AND SUBMISSIONS POLICY

If you submit comments, ideas, or feedback to us regarding a Product or your use thereof, you agree that we can use, disclose, reproduce, distribute, and exploit them for any purpose whatsoever, and without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Lullabee, or obtained from sources other than you.

5. LIMITED WARRANTY FOR PRODUCTS; DISCLAIMERS

Lullabee warrants that the Product shall be free in all material respects from defects in workmanship and materials for a period of six (6) months commencing on the date of receipt of the Product by you (the “Warranty Period”). This warranty is referred to herein as the “Limited Warranty”, and a Product that is defective under the terms of the Limited Warranty shall be referred to herein as a “Defective Product”. The obligation of Lullabee, and your sole and exclusive remedy hereunder, for a breach of the Limited Warranty shall be limited to, at Lullabee’s option, the repair or replacement of the Defective Product or a refund of the purchase paid therefore. In order to obtain a repair or replacement with respect to a Defective Product, you must contact us at support@lullabee.com within the Warranty Period for instructions on how to return your Product, and the Product in question must be returned to us FOB Lullabee’s designated location. If the Product is covered by the Limited Warranty, we will cover shipping costs (exclusive of any insurance fees) related to shipping the Defective Product to us and the replacement Product (if any) to you. Upon receipt of the Product in question, Lullabee will inspect the Product and determine whether a warranty claim is valid under these Terms. Replacement or repairs for Defective Products apply only to the original end-user purchaser of the Product in question. All Defective Products returned to Lullabee hereunder will become its property subject to the obligation of Lullabee to provide a repair or replacement for or with respect to the Defective Product, if applicable. Any replacement Product or part thereof will be comparable in function but may not be identical to the original. Replacement Products may be new or refurbished at our discretion. The replacement or repaired Product is warranted for the remainder of the original Warranty Period.

The Limited Warranty does not apply to, and Lullabee is not responsible for, damage or liability caused by: (a) use of the Products for purposes other than for which the Products are designed or intended, or use in extreme temperature, humidity or other environmental conditions, or use of the Products in violation of instructions provided by Lullabee (which may be provided at the time of purchase) on the Website or included with the Products; (b) normal wear and tear or aging; (c) improper repair, operation or maintenance or connections to improper voltage supply; (d) attempted repair by anyone other than a facility authorized by Lullabee to service the Products; or (e) an accident, flood, fire, natural force, misuse, or abuse. YOU AGREE NOT TO HOLD LULLABEE RESPONSIBLE FOR ANY DAMAGES OR OTHER LIABILITIES ARISING FROM YOUR OR ANY OTHER PERSON’S USE OF YOUR PRODUCT. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGES, INJURY OR EVEN DEATH THAT MAY RESULT FROM OR BE CAUSED BY USE OF THE PRODUCT. BY USING THE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND AND AGREE TO THESE TERMS AND ALL OTHER INSTRUCTIONS, WARNINGS, CAUTIONS AND NOTICES MARKED ON OR PROVIDED WITH THE PRODUCT OR ON THE WEBSITE.

EXCEPT FOR THE LIMITED WARRANTY AS DESCRIBED ABOVE: (A) THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LULLABEE MAKES, AND YOU RECEIVE, IN CONNECTION WITH THE PRODUCTS, NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR IMPLIED WARRANTY AGAINST HIDDEN OR LATENT DEFECTS; AND (B) WE DO NOT PROMISE THAT THE PRODUCTS, OR ANY FEATURE OF THE PRODUCTS ARE FREE OF DEFECTS OR THAT THE AFOREMENTIONED WILL BE CORRECTED.

You use the Products at your own risk. None of the Products are intended for medical monitoring or treatment. The statements, data and other content found on, collected through or provided through the Website, the Products, or in our or our authorized dealers’ advertisements or social media content (collectively, the “Content”), do not constitute advice and should not be relied upon in making or refraining from making any decision. The Content is for informational purposes only, and under no circumstance should you construe such information as medical advice, diagnosis, or treatment. We do not intend for the Content to replace medical care, medical diagnosis, or the relationship between you and your physician or other medical provider. We are not a licensed medical care provider, and the Content should not be used in any way to diagnose or treat any medical condition. USE OF THE PRODUCTS DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP.

The Website may contain links to other websites operated by third parties (“Third-Party Websites”) and referrals to third-party vendors (“Referred Vendors”). Such Third-Party Websites and Referred Vendors are not under our control. Lullabee provides these links and referrals solely for your convenience and does not make any warranties or representations with respect to such Third-Party Websites, Referred Vendors or any products or services offered or provided by such Referred Vendors or any third party. Your use of such Third-Party Websites and any products or services provided or sold by such Referred Vendors or any third party is at your own risk.

6. CARING FOR YOUR PRODUCT

Please read and comply with all instructions, including without limitation, regarding use, maintenance and safety, that accompany your use of the Product. Please see our User Manual located at www.lullabee.com/pages/user-manual for additional information on taking care of your Product.

7. OWNERSHIP

All intellectual property rights in the Products and the Content, including without limitation, patent rights, copyrights, trade secrets, logos and trademarks that may appear on the Products, are referred to herein collectively as the “Lullabee IP”. As between your and us, the Lullabee IP, and any improvements, modifications, derivative works or innovations of Lullabee IP, are owned by Lullabee and are protected by applicable law, even if any such improvements, modifications, derivative works or innovations that constitute Lullabee IP result from suggestions, enhancement requests, recommendations or other feedback provided by you. You agree that you will not directly or indirectly, either for your benefit or the benefit of others, reverse engineer, disassemble, deconstruct or otherwise use a Product for the purposes of creating a product that competes with our Products. To the extent the Products contain software (the “Lullabee Software”) in any form, such Lullabee Software is licensed to you, and not sold, solely for your personal use of the Product as it is intended to be used and for no other purpose.

8. DATA COLLECTION

Lullabee may collect certain information from you when you use the Website or purchase a Product. For a description of the information that Lullabee collects, please see our Privacy Policy that may be found here: www.lullabee.com/pages/privacy-policy (the “Privacy Policy”), which is hereby incorporated by reference into these Terms. Lullabee will use, store and transfer any information collected from you solely in accordance with the terms and conditions of our Privacy Policy. You are encouraged to read our Privacy Policy.

9. INDEMNITY

You agree to indemnify, defend, and hold harmless us and our employees, contractors, officers, directors, licensors and suppliers, from and against any and all losses, liabilities, damages, and costs, including without limitation, legal fees, expert witness fees, and court costs, arising from any claim, suit, action, demand, allegation or investigation related to or arising from: (a) your purchase of a Product; (b) the use by anyone of a Product purchased by you; (c) the violation of these Terms by you or another user of your Product; (d) the infringement or misappropriation of the Lullabee IP by you or any person using your Product; and (e) violation of any applicable law, rule, or regulation in connection with your or any other person’s use of your Product. We reserve the right to assume control of the defense of any claim that is subject to indemnification hereunder, in which event you shall cooperate with us in connection with our defense to or of such claim. We reserve the sole right to settle or otherwise compromise any claim, action or demand subject to indemnification by you under these Terms, with or without your consent.

10. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF LULLABEE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF, LULLABEE’S PRODUCTS, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR YOUR APPLICABLE PRODUCT. THESE LIMITATIONS APPLY EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE THE PRODUCTS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE THAT CLAIM OR CAUSE OF ACTION WILL BE BARRED FOREVER. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LULLABEE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS SET FORTH ABOVE IN THIS SECTION 10 MAY NOT APPLY TO YOU.

11. DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, these Terms shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, and, as to matters affecting copyrights, trademarks and patents, U.S. federal law, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt. YOU AGREE THAT LULLABEE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY, AND YOU HEREBY AGREE THAT YOU MAY NOT AND WILL NOT PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH ACTION.

Notwithstanding the foregoing, Lullabee may seek injunctive or other equitable relief in any applicable state or federal court to protect its intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.

12. LULLABEE APP

Lullabee may offer a free app (the “Lullabee App”) from various app stores such as Apple’s App Store and the Google Play Store, which can be used with our Product. The Lullabee App is not required in order to use the Products, and Products are sold without the Lullabee App. If you would like to use the Lullabee App, you will need to download it and agree to the Lullabee App Terms of Use. You will not be able to download and use the Lullabee App unless you agree to the Lullabee App Terms of Use.

13. GENERAL TERMS

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Lullabee and you regarding your purchase and use of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lullabee and you regarding your purchase and use of a Product.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Any notices or other communications provided by Lullabee under these Terms will be given: (i) via email or (ii) by posting to the Website. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Lullabee’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lullabee. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.

You may contact us at support@lullabee.com.