Terms & Conditions of Purchase
The following terms and conditions of purchase apply to all orders from Simmons, Inc. ("Simmons") by you as the buyer ("Buyer" or "you"). You as the party placing the order represent that you as the Buyer have the ability to place the order.
Acceptance Of Orders
NO CONTRARY TERMS. ORDERS ARE NOT BINDING ON US UNLESS ACCEPTED BY US. ACCEPTANCE OF BUYER'S ORDER IS CONDITIONED UPON BUYER'S ASSENT TO THE FOLLOWING TERMS & CONDITIONS OF PURCHASE, AND ANY INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE. If any of these terms and conditions are not acceptable to Buyer, Simmons must be notified promptly.
Pricing And Specifications
Prices remain valid while they are listed and offered on this Website. Product availability may be limited. Products may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise or cease to make available any or all products. The price of the products ordered will be the price posted on the Website as of the date of the order.
All prices reflect Buyer's net cost in U.S. currency. The prices do not include applicable federal, state, and local taxes, charges and duties. You will pay all such costs, taxes, charges, and duties. Simmons reserves the right to adjust and communicate pricing should an error be found in published material.
Orders And Payment Terms
Orders are not binding on us unless accepted by us. Acceptance is determined at our sole discretion and orders can be rejected for any reason at any time.
Cancellation Policy – Mattress and Mattress Set Orders
Your Simmons mattresses purchased via our online store will be made just for you at one of our factories upon receipt of a confirmed order. Once order is placed, no cancellations, exchanges and returns are allowed.
Shipping Policy And Charges
Mattresses and Foundations. All mattress sets sold through our Website will be delivered free of charge through a delivery agent selected by us. Please note that delivery on mattresses and foundations is only available in the Continental U.S. We cannot deliver mattresses or foundations to Alaska, Hawaii, Puerto Rico, APO or FPO addresses and other US Territories.
Mattresses and foundations are too heavy/large to ship via the small package delivery services (e.g. UPS, FedEx) so they will be sent to you free of charge via a white glove freight delivery. “White glove freight” is different than standard UPS, FedEx, or US Mail in that the carrier takes a larger part in making sure the product you are purchasing makes it safely off of their truck.
The delivery service is a “white glove” 2 person service that includes: inside placement to room of choice, stair carries (up to 2 flights), unpacking, set-up of basic frame (tool less), removal of debris and removal and disposal of old bedding.
- Standard delivery service is Monday – Friday 8:00 AM – 8:00 PM and limited Saturday delivery, except for Holidays including New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Eve Day, and Christmas Day.
- An automated pre-call contact will be attempted within 24 hours after the confirmation of an order. The delivery agent will call when the product is received to schedule delivery.
- The delivery agent will attempt to deliver within a (4) four hour window and within (10) ten business days of receipt of product from us. We make every effort to deliver our mattress to the delivery agent within (7-10) seven to ten business days of our receipt of the order. One other important thing to remember about the delivery service is that you MUST inspect the package at the time of delivery. (See Damaged Items below).
You will always have an opportunity to see the full amount of your purchase with shipping charges before you confirm your order. Out-of-stock items usually ship within 10 business days. You will be notified by email if an item is out-of-stock and will be shipped separately from the rest of your order. Accessory orders with items on back order may be held until they can be shipped complete
When Will My Order Arrive?
Your Simmons mattress and foundation purchased via our online store will be made just for you at one of our manufacturing facilities upon receipt of a confirmed order, so you can expect delivery between 10 and 21 business days from the date of your order confirmation. This estimate is based on our experience and it could be more or less. You will receive a call from our local delivery partner to make delivery arrangements approximately 1 week after your order has been shipped from our facility. You can easily check on the status of your order at any time by visiting wherezmyorder.com and entering your order number and zip code.
Damaged Items
Simmons mattress and foundation orders are delivered using our delivery agent and "white glove” delivery service. You MUST inspect the package at the time of delivery. If you find any damage to the product, or if there is any reason for you to be concerned about damage, please immediately follow the instructions listed below.
- Take pictures of the damage and reject the entire order upon delivery and write DAMAGED on the Proof of Delivery if possible. The delivery agent will take the damaged piece(s) back.
- Send an email to marriottebp@simmons.com with the following information:
- In the Subject line, please write your Purchase Order number and name
- In your email, include the winner’s name, delivery address, and contact phone number.
- Pictures of the damage
- PO/Order Number
- Proof of Delivery (POD) information (if you have)
A Simmons representative will be in contact with you to arrange for a replacement item, if necessary.
Returns And Exchanges
Mattresses and Foundations. Per Westin Heavenly Bed Giveaway Program rules, there are no returns or exchanges on mattresses or foundations. All sales are final.
Governing Law
The validity, construction and enforcement of these Terms & Conditions of Purchase between Simmons and Buyer shall be governed by and interpreted under the laws of the State of Illinois and are the sole terms applicable to Buyer's purchase of products. In the event of any dispute arising out of this agreement, you consent to the personal jurisdiction of the federal and/or state courts located in the County of Cook, State of Illinois, United States of America.