Website & Company Policies
For the purpose of this statement [Foam King] will be known as “THE OWNER”.
Terms of Use
We may change these Terms any time. By using the Site after a change, you agree to follow and be bound by the Terms as changed.
Site Contents
You should assume everything you see, hear, or otherwise receive from or on the Site (the Contents) is copyright, trademark, trade dress or other intellectual property owned and/or licensed by THE OWNER. The Contents include images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site.
You may use or download the Contents solely for your personal, noncommercial purposes, provided you keep all copyright and other proprietary notices with them. No other type of use is permitted. Downloading or copying Content does not transfer any right, title or interest in any Content to you. The downloading or export of software or technical data from this Site to any jurisdiction in violation of Canadian export laws is strictly prohibited.
User Comments and Submissions
We welcome your comments regarding our Site, our products and our services. However, any idea, suggestion, or other information you transmit to the Site is, and will be treated as, nonconfidential and nonproprietary. Please review our Privacy Policy Statement for more information.
You promise that no information or material you transmit to THE OWNER, will violate anyone else’s right, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane or otherwise unlawful, abusive or obscene material. You shall be solely responsible for the content of any Comments you make. THE OWNER is not responsible or liable for the content of information that others post at or transmit to the Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography or profanity contained in any such information, or for the conduct of any Site user.
Service Information
Service displayed on the Site can be delivered in Canada and the United States. Prices are valid and effective only in Canadian and American currency.
Links to Other Sites
If you have any concerns regarding any outside site linked to or from the site, please direct them to the owner or operator of the site. THE OWNER is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.
Disclaimer
Your use of the Site is at your own risk. THE OWNER PROVIDES THIS SITE, ALL CONTENTS, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE AS IS WITHOUT EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. THE OWNER also does not warrant that your use of the Site, the operation or function of the Site, or any services offered through or from the Site, will be uninterrupted or error free, that defects will be corrected, or that this Site or its server are free of viruses or other harmful elements.
THE OWNER does not make any representations regarding the currency, accuracy or reliability of information on this Site. THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY.
If you are dissatisfied with the Site, any of its Contents, or any of these Terms, we would like to hear from you. You may contact us at info@websitename.com. However, your sole and exclusive legal remedy is to stop using the Site.
Indemnification
You agree to defend, indemnify and hold THE OWNER harmless from and against any claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of the Site or your violation of any of these Terms and Conditions.
Miscellaneous
Unless otherwise specified, THE OWNER displays this Site and the Contents solely to market and promote THE OWNER services in Canada and United States. THE OWNER controls and operates this Site from its offices in Edmonton, Alberta Canada.
These Terms shall be construed according to Canadian Law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Site, or products or services purchased using this Site, shall be resolved exclusively by the provincial courts of Alberta, Canada. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.
These Terms are the entire agreement between you and THE OWNER relating to the Site or its Contents. Any other agreements between you and THE OWNER are superseded and have no force or effect.
Termination
If THE OWNER believes you have failed to comply with these Terms, or for any other or no reason, THE OWNER, may deny you access to the Site immediately without notice. The restrictions, including restrictions with respect to the Content, disclaimers and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of Content.
Delivery of Services:
THE OWNER working policy is to advise you in advance of any cost or service before attempting to do the service. THE OWNER will: Send you a clear list of deliverables. You will approve the work/maintenance. Once the deliverables are complete you will sign off on the completion. We will send you an invoice.
Warranty:
Your new Foam King Mattress is covered by a 5 or 10-year Limited Warranty.
Each customer is eligible for a 5 or 10-year limited warranty on any mattress purchase placed on foamking.com. For 5-10 years following your Foam King Mattress purchase, if you experience a manufacturing defect that is covered under our warranty, we will offer a one-time replacement or repair of the original mattress size purchased. This includes all components of the mattress. you are responsible for shipping fees to return the mattress. If the warranty claim happens during your 21-100 night trial period, the trial will be paused during shipment of the replacement mattress and the trial will resume upon delivery of the replacement Foam King Mattress.
Your Responsibility
The Foam King Mattress warranty covers the original purchaser of any Foam King Mattress who is located in Western Canada, in the provinces of BC, Alberta, Saskatchewan and Manitoba. Any warranty, or implied warranty, is only valid for the period of time the Mattress is owned by the original purchaser of the Mattress. The original purchaser, for the purposes of this warranty, will be the individual whose details are associated with the purchase. Please retain a copy of the receipt which was sent to the email address on record.
Photos, and the original proof of purchase may be required upon a warranty request in order to identify and assess the warranty issue.
RV Mattress Owner Responsibility
Place your Foam King mattress up onto its side during your RV Storage season, to facilitate a good airing out, as well as using 1” x 4” wooden slats under your mattress to promote air flow during use. The slats should be placed 3” or less apart under your Foam King mattress.
What is covered in the warranty:
Covered |
Not Covered |
|
Degradation, which causes the mattress to have a visible indentation greater than one (1) inch, not associated with the use of an improper foundation. For the purposes of this warranty, a proper foundation must be a raised frame with no gaps larger than 3 inches. For the purpose of this warranty RV Mattresses ensure proper air circulation on your bed frame by laying 1” x 4” wooden slats on the bed platform, as stated in your care instructions. |
A normal increase in softness of the foam after long-term use. |
| Any physical flaw in the mattress that causes foam material to split or crack, despite normal usage and proper handling. | Comfort preference or mattress height preference. |
| Any defect or flaw in the zipper assembly of the mattress cover. Foam King may decide to repair or replace the cover that wraps the Foam King Mattress. | Any stains, burns, tears, cuts, or liquid/moisture damage, including mold, resulting from use by customer or their environment. |
| Damage due to use with an inappropriate foundation. The Foam King Mattress must not be placed directly on the floor and must use a proper, raised frame which provide supports along the entire bottom surface of the Mattress with no gaps larger than 3 inches. Foam King RV mattresses must not be placed directly onto a wooden platform. | |
| Product that is sold by an unauthorized retailer or product that is in any way sold as “used” or any other similar wording indicating the product is not “new”. | |
|
*Use of heating pads and electric blankets will void the warranty. To start a Warranty Claim issue please email onlineorders@thefoamking.com |
|
Sleep Trial:
It is important to give your Foam King Mattress a fair test before making your decision. We require you try it for at LEAST 21 NIGHTS of sleep. This is especially true if you are coming off of a previous mattress that gave poor support. Your body, and muscles will need some time to adjust to the new mattress.
The 21-100 Night Sleep Trial is non-transferable and any returns require proof of purchase. To be eligible for a return, you must still be within your 100 night trial period and have had it for at least 21 days. Once a customer has made a return within their 21-100 Night Sleep Trial, they are not eligible for another trial on the same product.
Only first orders placed on FoamKing.com with a maximum of three (3) Foam King Mattresses are eligible for the Sleep Trial. Any orders placed using the same email address, credit card address, billing address or shipping address will be considered as being placed by the same customer.
Sleep Trial Return Process
To initiate a return during your Foam King Mattress Sleep Trial, email onlineorders@thefoamking.com
The product, opened or unopened, can only be returned within the 21 -100 Night Sleep Trial. In the event of a return, the pickup address can differ from the original delivery address, however it must be a valid street address within BC, Alberta, Saskatchewan and Manitoba.
Note: Any environmental and/or customer-inflicted damage will disqualify the ability to return the Foam King product. Additionally, to ensure that mattresses can be donated to charities, all returns must be in good condition and free of stains and/or damage to the cover and the foam.
Once you have returned the mattress, at your cost and it has been verified to be in like new condition your refund will be processed back onto the original card used for the purchase. This typically occurs within 7 business days of the return. Standard processing time for the funds to be posted by your bank is 5 business days.
We may modify these terms at any time.
You agree that Foam King may, at its sole discretion, suspend or terminate your access to all or part of its website and resources for any reason, including, without limitations, breach of this User Agreement. This includes that there may be change these Terms at any time. If the changes are material, we’ll let you know by email or posting a notice on the site before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users.
Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with Foam King, including any account or login information.
Refund Policy:
Your satisfaction is very important to us and thus we insure our products & services with satisfaction guarantees. Please contact us for the latest information on your order and our refund policy. If refunds are available for your purchase please prepare your receipt or equivalent proof of purchase.
If you have been wrongly billed or are unclear of the invoice please contact immediately.
Why A Privacy Policy?
THE OWNER respects your individual privacy. This Privacy Policy ('Policy') embodies our commitment to its protection through adherence to fair electronic information practices. This Policy puts you, the individual, in control of how your personal information is processed. You have our promise that we will not electronically process your personal information in any way that is incompatible with this Policy.
This Privacy Policy protects your privacy by:
Informing you about:
The types of personal information THE OWNER collects about you through its Web sites; How it collects that information; The general purposes for which it collects such information; The types of organizations to which it discloses the information; The choices and means by which individuals may limit its use and disclosure. Empowering you to choose: Whether and how certain personal information you provide is used (where such use is unrelated to the uses for which you originally disclosed it); and Whether the manner in which a third party uses certain personal information you provide (where such use is unrelated to the uses for which you originally disclosed it).
Assuring you that THE OWNER:
Takes reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction; Implements reasonable policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered; Uses reasonable measures to ensure that we have accurately and completely recorded the personal information you have provided; and Provides you reasonable access to your personal information as well as procedures for correcting or modifying that information where appropriate. Ensuring accountability to individuals who believe that THE OWNER has not complied with these privacy principles.
Getting to Know Our Customers
THE OWNER is in the business of putting people in touch with other people. That requires more than simply offering innovative technical services. It also requires that we understand you, our customer, and your needs.
We get to know you primarily through the information you provide to us when signing up for, or using, one or more of our services. The information you provide ranges from basic contact information, to payment information, to the technical coordinates of your host servers. All of the information we request from you when purchasing our services is obligatory unless otherwise noted on the relevant form. When you purchase our services, you agree to provide and maintain accurate, complete and updated information.
After you have signed up for our services, we may be in communication with you about your account, technical questions you may have about services provided by us, or any other matter relating to those services. Those communications are essential to our relationship with you and to our ability to provide you with quality services that are responsive to your needs. At the same time, those communications give us helpful insights about you, your preferences and the ways in which we might improve our services. We therefore may maintain this information for future use.
For operational and quality assurance purposes, we take note of whether and how you use the information and services that we provide, such as by recording site traffic patterns and by maintaining log files of users' access to site files.
The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., credit card numbers, account passwords) in the interest of heightened privacy protection and information integrity. Transactions within our account manager and purchase flows use Secure Sockets Layer (SSL) encryption when transmitting data from your connection to our systems. You may click the lock icon within your web browser to verify the authenticity of any of our SSL certificates.
Our Accountability to You
By purchasing our services, you obtain the protections of, and consent to the data processing practices described in, this Privacy Policy. When you purchase our services, you also represent to us that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us with regard to: (i) the purposes for which such third party's personal data have been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which of the third party's data are obligatory and which data, if any, are voluntary, and (iv) how the third party can access and, if necessary, rectify the data held about them.
In addition to the privacy protections that we provide, our employees, agents and business partners are independently responsible for ensuring compliance with this Privacy Policy, as described below.
Employee Accountability
Only THE OWNER’S employees that have a legitimate business purpose for accessing and handling personal information obtained by us are given authorization to do so. The unauthorized access or use of such information by THE OWNER employee is prohibited and constitutes grounds for disciplinary action.
Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access.The Accountability of THE OWNER Agents and Business Partners, Our trusted vendors and business partners are responsible for processing or handling some of the information that we receive. These vendors and business partners are not authorized to use such information for purposes beyond those specified by us and are required to preserve the confidentiality with which we treat such information.
If you feel that THE OWNER, or any of our agents, representatives or employees, is violating this Privacy Policy, please contact us:
[Foam King]
[12736 St. Albert Trail NW]
[Edmonton,] [AB] [T5L 4S5]
[Canada]
[780-413-7555]
Notification of Changes We will post any changes to this Privacy Policy 30 days before their effective date so you will always know what information we collect, how we use it, and under what circumstances, if any, we disclose it. You are responsible for periodically checking our web site for changes to this Privacy Policy. You may opt-out of any posted change to our collection, use or disclosure of your personal information by sending us an email. If you have any questions regarding this Privacy Policy, please contact us.
Shipping Policy
Shipping Rates and Times
Shipping is free in Canada for all mattresses. Unfortunately, we are unable to deliver to PO boxes, or certain remote areas. Orders that are not for a mattress will have a flat shipping rate of $45.00. Most orders ship within 7-10 business days from the time the order is placed.
Inventory Level
Inventory Levels: Our website offers sizes, styles, and designs based on inventory available in all our warehouses combined. Therefore, there is the possibility that an item you purchase may not be available to ship to you. You will be contacted in 1-2 business days if you need to make a substitution on an unavailable item.
Duties and Taxes
Canadian Orders - orders shipping to a Canadian address will ship from our Canadian warehouse and are subject to GST (as well as PST for other provinces).
U.S Orders - orders shipping to a U.S address are subject to applicable duties and state taxes.