TERMS AND CONDITIONS OF SALE
YAASA STUDIOS, INC.
as of January 04, 2018
These Terms and Conditions of Sale (“Terms”) apply to the purchase and sale of mattresses, beds, blankets, candles and any other goods (individually, “Product” and collectively, “Products”) sold by YAASA STUDIOS, INC. (“we” or “us”) through https://yaasastudios.com and all other online properties owned or operated by us (“Website”).
- 1) Changes to Terms; Additional or Conflicting Terms.
- a) We may change these Terms by posting revised Terms or a notice on the Website. In order to be aware of any revised Terms, you should review the Website from time to time. Your continued use of the Website after a posted change in these Terms will be deemed to constitute your acceptance of and agreement to such changes in the Terms.
- b) Your purchase of any Products through the Website will be governed solely by these Terms and the Sales Documents (collectively, “Contract”). As used herein, “Sales Documents” means any Limited Warranties (as defined below), or any quotation, proposal, order confirmation, order acceptance and invoice issued in writing or electronically by us. We hereby object to and reject any additional or different terms or conditions proposed by you or contained in any purchase order or other correspondence from you and such terms will not bind us or be applicable to any transaction, unless we expressly approve the proposed terms and include them in the Sales Documents.
- 2) Order Process.
- a) All sales of Products sold by us are contracts entered into in California and then only in accordance with the Sales Documents. We will sell Products to you in the quantities and at the times set forth in the Sales Documents. Any orders and requests you submit to us for Products are subject to acceptance by us and only the terms of the Sales Documents will apply.
- b) Our acceptance will be in form of an electronic order confirmation (including via email). For the avoidance of doubt, acceptance of your order and the formation of a Contract will not take place unless and until you have received your electronic order confirmation.
- c) You have the option to cancel your order before we ship your order (orders usually ship within one business day after we receive your order), by (i) calling our Customer Experience Department at (855) 622-3711, or (i) sending us an email to: firstname.lastname@example.org. You may not cancel or change any order or a Contract otherwise. We may change a Sales Document at any time to correct mathematical or clerical errors.
- 3) Prices; Payment.
- a) All prices for Products will be as specified by us in our Sales Documents. If no price has been specified in a Sales Document, the price will be our standard price in effect at the time you place your order. We may change our prices at any time; provided, however, that such changes will only apply to orders placed after such changes are implemented by us and posted on the Website.
- b) Unless otherwise stated in our Sales Documents, our prices do not include any sales, use, excise, value added tax, transfer or other tax, nor any duties, assessments, or recycling fees arising out of or related to Products or their purchase and sale which may be imposed by any governmental authority, all of which will be the obligation of, and paid by, you.
- c) Payment terms are within our sole discretion and, unless expressly specified otherwise in the Sales Documents, payment must be received by us before we accept your order. We accept Mastercard, Visa, JCB, American Express, Diners Club, and Discover credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- 4) Delivery. Unless otherwise stated in our Sales Documents, all deliveries of Products within the 48 contiguous United States are DDP (Delivered Duty Paid – Incoterms 2010) Original Purchaser’s designated place of delivery (“Delivery Point”). We may make partial or early deliveries. Notwithstanding any requested delivery dates by you, the delivery date in our Sales Documents will control. Any delivery date, delivery schedule, forecast or commitment is only an estimate, and we will not be liable for any delay to deliver all or any part of any order for any reason.
- 5) Acceptance. You will inspect all Products immediately upon their delivery and prior to use. Immediately and no later than ten (10) days after delivery of a Product, you must give written notice to us of any claim by you based upon any shortage, defect or discrepancy of Products sold, and the notice must indicate the basis of the claim in detail. Certain Products including the Adjustable Bed, Infinity Blanket and candles are non-returnable for exchange once opened or used by the Original Purchaser. Your failure to comply with this Section 5 will constitute irrevocable acceptance by you of Products delivered. Any Products sold will only be returned in accordance with our return policies outlined in Sections 7 and 8 below.
- 6) Limited Warranties. We extend a limited warranty on each Product (each, a “Limited Warranty” and collectively “Limited Warranties”) to the original consumer purchaser of the Products (the “Original Purchaser” or, where applicable, “you”). These Limited Warranties may be amended by us from time to time. The current Limited Warranties for each of our Products are located at https://yaasastudios.com/warranty/ and are also available upon request by calling our Customer Experience Department at (855) 622-3711, or sending an email to email@example.com. The terms of the Limited Warranties, as amended from time to time by us, are incorporated herein by reference.
- 7) Non-Warranty Returns, Refunds and Exchanges of Adjustable Beds, Infinity Blankets and Candles. For questions regarding returns, refunds, or exchanges of unopened. unused Adjustable Beds, Infinity Blankets and candles within ten (10) days of delivery, please contact one of our Customer Experience Representatives by calling (855) 622-3711, or sending us an email to firstname.lastname@example.org with a copy of your original receipt for your purchase showing the order number, date of purchase, the price you paid, the description of the Product you purchased and a description, including pictures if available, for the basis for your claim.
- 8) Non-Warranty Returns, Refunds and Exchanges of Mattresses – 100 Night Trial.
- a) In addition to our Mattress Limited Warranty, we offer the Original Purchaser refunds and exchanges for Mattresses within a period of 110 (one hundred and ten) nights from the date of purchase of your Mattress (“100 Night Trial”). All return shipping and handling charges approved in writing by us on Mattresses during the 100 Night Trial are our responsibility. Please note that Mattress returns are not accepted at our warehouses. If you return a Mattress to us without prior written approval from us, we will NOT reimburse you for any shipping charges you personally incur, and we may return the Mattress to you at your own cost, risk and expense. The Original Purchaser may only return one (1) Mattress per household or shipping address per year. Any Mattress that has been resold, gifted or transported outside of the United States, or is outside the 100 Night Trail, is not eligible for a return. To be eligible for a return, you must contact us before your 100 Night Trial expires. The eligible Mattress shall be free from any user-inflicted harm (e.g. soils, bodily fluids, or stains) and, the Mattress must be in the same condition it was in when received by the Original Purchaser. We have the right to inspect the returned Mattress and will make a determination as to its condition in our sole discretion. Mattresses are not resalable due to health and safety regulations.
- b) Exchanges – An Original Purchaser is allowed one (1) Mattress exchange during your 100 Night Trial. If during the 100 Night Trial you are unhappy with your Mattress for any reason, please contact our Customer Experience Department at (855) 622-3711.
- c) Process – Please contact one of our Customer Experience Representatives by calling (855) 622-3711, or sending us an email to email@example.com with a copy of your original receipt for your purchase showing the order number, date of purchase, the price you paid, the description of the Product you purchased, and a description, including pictures if available, for the basis for your claim.
- d) As your Mattress refund or exchange is being processed, we will determine if we would like to (i) receive the Mattress at one of our locations, (ii) donate the Mattress to a charitable organization, or (iii) recycle it. Our Customer Experience Representative will take care of this aspect of the process. Once we have made our determination, we will process your exchange or issue the corresponding refund.
- e) If your refund or exchange is approved by us in our sole discretion, you will receive an email from us with details of your Mattress exchange, or refund as the case may be. We will also notify you if there are any problems processing your exchange or refund. The process usually takes a few days depending on pick-up and communication response times. Some of these factors are outside of our control. Once a refund is approved by us in our sole discretion, a credit will be applied to Original Purchaser’s credit card or original method of payment for the net amount originally charged to Original Purchaser (purchase price, minus any discounts, taxes, recycling fees, etc.). Please note that some credit card providers take a longer to post refunds. Please allow 7 to 10 business days for the refund process.
- f) Klarna Refunds – Klarna allows you to finance our Products at the time of checkout. However, Klarna is not affiliated with us and is made available to you as a payment plan option. If we determine in our sole discretion that you are eligible to receive a refund from us and you financed Products through Klarna at the time of purchase, we will issue such refund via your original payment method (i.e., your Klarna account). Please note that you are bound by any terms and conditions issued by Klarna in connection with and related to your financing agreement with Klarna, and any Klarna finance charges incurred or paid by you will not be refunded, discounted or forgiven by us since you have a separate obligation for those charges directly with Klarna. If outstanding charges exist, you are responsible for payment of those charges to Klarna; we will not deduct them from any refund amount from us to you. If you have any questions regarding charges you incurred, please contact Klarna directly as we do not have access to any Klarna’s customer payment data or debt information. You can access Klarna by logging into your Klarna account and either calling or submitting a request online. To start a refund or return process if you utilized Klarna, please contact one of our Customer Experience Representatives at (855) 622-3711, or send us an email to firstname.lastname@example.org. Please note that all Product returns and refunds are subject to these Terms.
- g) Late or Missing Refunds – If you have not received a refund confirmation email, check your account at yaasastudios.com to verify your credit card information. Then, check your bank account or contact your credit card company. Please note that it may take several days before your refund has posted. If you still have not received your refund after ten business days, please contact one of our Customer Experience Representatives at (855) 622-3711, or send us an email to email@example.com.
- 9) Limitations; Exclusions.
- a) OUR MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO A CONTRACT (INCLUDING OUR BREACH), PRODUCTS OR THE USE (OR INABILITY TO USE) ANY PRODUCTS, WHETHER IN WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PARTICULAR PRODUCT AT ISSUE.
- b) We are not responsible for any injury or damage resulting from the use or application of Products, alone or in conjunction with other products.
- c) UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING FROM OR RELATING TO THE USE OF, DEFECT IN, INABILITY TO USE, OR PROPERTY DAMAGE CAUSED BY A PRODUCT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
- 10) Termination or Suspension. Your breach of any provision of a Contract, including your failure to pay as and when due any amount you owe relating to Products, will constitute an event of default. Upon the occurrence of an event of default, we may elect to do one or more of the following: (a) suspend or terminate your access to the Website; (b) suspend or terminate delivery of Products; and (c) pursue our other rights and remedies.
- 11) Force Majeure. We will not be liable, and our performance (and delivery dates and delivery periods) will be deemed extended, for any delays or failure to perform directly or indirectly resulting from or arising out of events and causes beyond our reasonable control, including: accidents; acts of God; fires and natural calamities (including floods, earthquakes, storms and epidemics); acts, failure to act and omissions of any governmental authority; declared or undeclared wars; terrorism; explosions; strikes or other labor disputes; changes in any law or regulation; delays in obtaining or the inability to obtain labor, materials, or Products through usual sources at normal prices; or the failure of our suppliers to furnish parts or other goods.
- 12) Limitation on Actions. You must commence any action or proceeding that arises out of or relates to a Contract, our breach of a Contract, or Products within the earlier of: (a) one (1) year after the claim or cause of action has accrued; or (b) the period prescribed by applicable statute of limitation or repose. Any action or proceeding you do not commence within such period will be forever barred. The Sales Documents contain your sole and exclusive remedies relating to the Contract and Products regardless of the theory of recovery.
- 13) Waiver; Assignment; Severability. Any failure by us to exercise any of our rights under a Contract will not constitute or be construed as a waiver of such rights. You may not assign a Contract (including by operation of law), or all or any portion of your rights or obligations under a Contract, without our prior written consent, and any attempted assignment without that consent will be void. If any of the provisions of these Terms or any other Sales Documents are held to be invalid by any court of competent jurisdiction, such provision(s) will be deemed to be severable and these Terms and any Sales Documents will then be construed and enforced in accordance with the remaining provisions.
- 14) Notices. Any notice we are permitted or required to give you under these Terms or any Sales Documents will be deemed given if it is sent to a physical or e-mail address we have on file for you. It is your responsibility to keep your e-mail address current. Any notice you are required or permitted to give us under these Terms or any Sales Documents will be effective if it is sent by e-mail to firstname.lastname@example.org, or certified mail, return receipt requested, or FedEx to the following address: Yaasa Studios Inc., attn.: General Counsel, 511 Olive Street, Santa Barbara, CA 93101.
- 15) Electronic Communications. You consent to receive communications from us electronically and agree that we may communicate with you by e-mail or by posting notices on the Website.
- 16) Choice of Law; Jurisdiction; Venue. The Contract, and any matter, dispute or controversy arising out of or relating to the Contract or Products, will be governed by the laws of the State of California, excluding its conflicts of law principles and the provisions of the 1980 United Nations Convention on the International Sale of Goods are expressly excluded. The parties consent and submit to the exclusive jurisdiction and venue of the United States District Court for the Central District of California in Santa Barbara, California and State courts of California.
- 17) Proposition 65 Warning – California Residents. It is required by the State of California that we, as the seller of our Products, inform the public about the possible presence of certain chemicals in our Products. While we do not believe that our Products contain any of the chemicals covered under Proposition 65, we are nevertheless 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, that we only use CertiPUR-US® certified foams and our Mattresses are made without ozone depleters, certain flame retardant chemicals (PBDEs, TDCPP & TCEP flame retardants) and heavy metals. Our Mattresses are ultra-low VOC (less than 0.5 parts per million) and adhere to the highest standards of environmental protection.
At Yaasa Studios, Inc. we hold our Products to the highest standards. If you have any questions about our Products or Proposition 65 please contact one of our Customer Experience Representatives by calling (855) 622-3711, or sending us an email to email@example.com.
Miscellaneous. The Contract will be binding on, and will inure to the benefit of, the parties and their respective successors, heirs and permitted assigns. You will not have any right of set-off with regard to any amounts owed to us, regardless of any dispute or controversy that may arise. As used herein, the word “including” and similar terms will be exemplary only, and will not be construed as limiting the word or phrase to which it relates. The Contract contains the entire agreement of the parties relating to the subject matter and supersedes all previous and contemporaneous agreements, understandings, usages of trade and courses of dealing, whether written or oral.