Terms and Conditions
TERMS AND CONDITIONS
“ALL SALES ARE FINAL” for Mattresses, Adjustable Beds, Mattress Pads, Toppers, Pet Beds, Custom request, and Woodworking.
OVERVIEW
This website is operated by Ozark Mountain Organic Beds, Inc., also DBA, Mountain Air Organic Beds™. Throughout the site, the terms “we”, “us” and “our” refer to Mountain Air Organic Beds™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - SUMMARY
We reserve the right to replace products damaged, error in sending wrong size, slight imperfections are normal and not replaceable. We advise you hold on to your mattress until you assemble your new mattress. A drill is required to assemble beds and platform beds.
We only replace items if they are defective, damaged or the wrong product was ordered. If you need to exchange it for the same item, send us an email at MountainAirOrganicBeds@Gmail.com and send your item to: Ozark Mountain Organic Beds, Inc., 1772 Sweetwater Ranch Ave, Springdale AR 72764, United States.
We do not replace items if you don't like the smell, or are allergic to the items. Smells do go away, plus you might want to cover the item in our "Don't panic it's organic" mattress protectors to help conceal the new smell. We even custom make pet bed and pillow covers out of it to help you transition while the smell evaporates over time.
It is normal for layers to vary in shipping weight. Density can not be determined by shipping weights.
You get 90 day free layer exchanges*
We allow refunds on unopened bedding only ***
DETAILS
*90 day FREE layer exchange solves most any issue that comes up for comfort. Other times it is an old worn out foundation or putting it on wire or improper foundation causing the issue.
The 90 day Free layer exchanges only applies to purchases made by calling us and placing your order directly at (844) 223-2263. Layer Exchanges are excluded for any area outside the continental USA.
***Refunds are allowed on unopened sheets, pillows, blankets only customer to pay shipping fees both ways even if it was originally shipped for free. We charge a 20% restocking fee.
SECTION 3 - LAYER EXCHANGES
UNLIMITED NO COST 4 MONTHS FREE Layer Exchange PROMOTION*
We are currently offering UNLIMITED NO COST 4 MONTHS FREE Layer Exchanges!* Whereas we pay all cost for you to receive and return layers. Please call (844) 223-2263 for this special no cost offer. (This offer must be placed over the phone and noted on your order.) Additionally, this offer may expire at any time without notice. Offer is not good after the sale is made. Layer Exchanges available in the Continental USA only.
*Extra Firm Layers are excluded from layer exchanges.
90 DAY FREE LAYER EXCHANGES**
**In case you missed the UNLIMITED FREE 4 MONTH LAYER EXCHANGE PROMOTION, Ozark Mountain Organic Beds, Inc., DBA, Mountain Air Organic Beds etc., offers 1 Free Layer Exchange during the 90 days whereas, we pay all the shipping to and from for one split layer exchange.
If you need additional layer exchanges you get unlimited layer exchanges at anytime during 90 days on layers, just pay shipping** to receive new layers and return old layers. When you receive your new layers please send back the old layers by wrapping the old layers up in the plastic the new layers came in and call us at (844) 223-2263 with the dimensions and we will send you a pick up label. Do not place the layers directly on the floor without plastic underneath.Exchanges available in the continental USA only.
Extra Firm Layers are excluded from layer exchanges.
The 90 day count starts on the day of delivery of your entire mattress and foundation or bed is received from us …. Please note pillows and bedding may arrive on a different day than a mattress resulting in multiple counts. Free Layer Exchanges do not apply to any sizes other than Twin, Twin Extra Long, Full, Queen, King and California King sizes. Free layer exchanges do not apply to 3rd party sales.
Layer Exchange time does not count against you if we ordered a product in error or physical damage occurred.
Charges for Layer Exchanges will be given if the mattress layers has been put in sunlight, outside, dried out from air, or direct heat from mechanical sources, smoke damage, torn, dirty, damaged or abused.
Layers from layer exchanges not returned, returned in bad condition, returned with any dirt or hair on it, or switched with other suppliers layers, will be charged at full price, plus any shipping fees to your card we will keep on file until the layer exchange time period is over.
SECTION 4 - WARRANTY OR RETURNS
Please call us to see if you quality for a warranty or a return. Customer pays all shipping charges incurred for warranty inspection and replacements. If the product does not meet our warranty policy, the layer will be returned to you at your cost of shipping and handling. Shipping and Handling can not be fully determined until the product is repacked and a return label is created. You are welcome to use your own carrier and shop prices on shipping.
Please contact us at (844) 223-2263 for a Return Authorization Number. Items returned WITHOUT a RA# will not be honored with a refund. Be SURE to get your RA# within the 120 days, you can always change your mind and cancel the RA#.
This policy applies only to the person who originally paid for the order, refunds and exchanges are given to original purchaser only with the original receipt from Mountain Air Organic Beds. We also allow layer exchanges with someone else only if the product is a gift and the name of the recipient is on the order at the time the order is place.
Mattresses, Toppers, Foundations, Platform beds, Mattress Pads, further customized products and Adjustable beds are not returnable under any circumstances. We reserve the right to replace any lost, defective, wrong item, or missing parts at our cost.
Warranty replacements will not be given if the mattress layers has been put in sunlight, outside, dried out from air, or direct heat from mechanical sources, smoke damage, torn, dirty, damaged or abused.
SECTION 5- SHIPPING
We are not responsible for shipping damage, lost shipments, missing parts, and we reserve the right to replace lost, damaged, incorrect or missing parts and items. We are available by FaceTime to help you with any issues you are having. Contact Gary at (479) 283-7226
Normal shipping time may vary due to demand of organic mattresses and the orders in front of your order.
We are not responsible for shipping delays beyond our control. Custom items such as organic fleeces, quilted mattresses may take up to 6-8 weeks to receive if we are out of product. Otherwise 4-6 weeks.
SECTION 6- MOVING
We will hold and delay shipments until you are ready for us to ship. Once notified you are ready to receive, we will need 2 weeks notice to ship. Please do not store your mattress in a hot storage unit, camper or automobile. Layers must be in temperature controlled area.
SECTION 7 - DIY MATTRESS
"NO PRESCRIPTION REQUIRED" DIY purchases are “NO” Prescription required purchases.
"All orders are custom made to your specifications. By completing this transaction, you agree with the terms and policy provided and acknowledge you are purchasing a DIY (Do it yourself mattress)" This way we don't have to put chemical flame retardants in your mattress!
Fire Safety Protection Options
Wool is a natural fire protector and it is in the Ozark, Organic Joy, Heavenly Harmony (DIY) mattresses. We also offer silicon mattress wrap for other mattress casings, that you can lay under your casing, on top of the top layers, then like a flat top sheet tuck it in all the way around your mattress. Zip you're casing up around it and you are done. You can also read our Fire Safety Blog here.
Just make a note in notes upon check out to "Include Silica Sheet" this sheet is made of silica sand in the form of very tiny nanotechnology. (Not really our favorite. Wool is our favorite natural fire barrier)
Here is the ultimate if you have a mold issue. You could also purchase the Voyager, or Heavenly Dreams and the "Don't panic It's Organic Mattress Pad" for safe moisture protection as you sleep. We do not recommended to put your mattress in damp places, as your mattress can develop mold if place directly on damp floor or in damp area. We are not responsible for mold issues. Please keep latex covered and away from heating sources, such as sunlight, hot camper or truck. Hot areas can cook or degrade the latex. Normal body heat, heated blankets on low are not an issue.
SECTION 8 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 9 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 10 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 11 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 12 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 15 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mountain Air Organic Beds™, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mountain Air Organic Beds™ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 24 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 25 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at MountainAirOrganicBeds@gmail.com.