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If you have any questions regarding the terms and conditions found online or within your order, please contact us. We can be reached via phone, live chat, mail or online using the contact form located on our contact us page. To reach us by telephone call 1-800-416-4304.
Important Legal Information
This website (www.themodernback.com) is owned and provided by The Modern Back. Please understand that all services provided by The Modern Back through this website, including the sale of any products, are provided subject to the following terms and conditions. By using this website, whether by purchasing any products from our website, purchasing products over the phone, or by downloading any information or materials from the site or otherwise, you indicate your acceptance of these terms and conditions and agree that you will be bound by and subject to these terms and conditions. In the event of a violation of any of these terms and conditions, The Modern Back reserves the right to deny future access to the website and to seek all remedies available at law and in equity. By ordering over the phone, directly through our website or through one of our preferred resellers, you agree to the following terms and conditions.
Product Sales and Orders
Sales tax is collected in participating states. All mattress orders include free shipping. Some assembly is required. In-Home Setup & Delivery is available per request for adjustable bed base products only. If you choose to pay with a credit card, it will be charged at time of order unless the order is pending payment. The Modern Back is not responsible for any error created by you if you decide to place an order online without the assistance of a Sleep Specialist. Any and all errors will be researched and resolved as they occur. The Modern Back is not responsible for any delays related to order deliveries caused by weather conditions or related issues. The Modern Back is not held responsible for any issues regarding slight color variations of the delivered items and online pictures. If for any reason you decide to cancel their order, you must notify The Modern Back, within 24 hours from the Time and Date of Purchase. Example: The order is placed on Jan 1st, 2023, at 2:00 PM Eastern. You have the right to cancel your order by Jan 2nd, 2023, at 2:00 PM Eastern. If you cancel your order after 24 hours and the order has not yet shipped, you will be entitled to a refund minus a 3% return shipping fee. If you cancel your order after 24 hours and the order has already shipped, you will be entitled to a refund minus a 3% return shipping fee and all shipping fees associated with your order.
Promotions and Special Offers
Price adjustments to special promotions and offers that include but are not limited to promo codes, sale end dates, financing promotions, closeout sales, etc. may only be honored within 7 calendar days from date order is placed. Promotional offers cannot be combined. Limit one promo code per order.
Financing
You agree to the order you placed through www.themodernback.com and/or over the phone when selecting "financing" as your method of payment. Your sale price and financing terms are agreed to prior to placing your order either through our website and/or over the phone. If you have concerns prior to placing a financing order, we ask that you do not place an order until you absolutely understand and consent to our financing terms and sale price. Once your order is placed you agree to the sale price as well as the financing option selected when placing your order. Your requested financing option will be added to your order at the time the order is placed, this is to avoid confusion with your order's sale price and financing offer. Promotional offers cannot be combined, the sale price offered is a cash only promotion whereas the financing price is a separate promotion.
If your financing is approved, your order will be confirmed and awaiting fulfillment, just as long as your information, proof of identification and financing application approval match up. Any special offers and/or promotions will be defined when the order is placed and are subject to the terms and conditions of this website. These terms will be on your original invoice that you will receive at the time your order is placed. We will not and do not "change" any terms when, and after, an order is placed either through our website and/or over the phone, the terms of your order are unchangeable once your order is placed, unless approved and authorized by a manager. By completing the application for financing, you are agreeing to all financing terms, sales price, regards to your original order and the terms and conditions listed on www.themodernback.com.
Delivery
All mattresses will be shipped within agreed upon terms. All details of delivery must be added to the order. We strongly urge you to inspect your delivery upon receipt. The Modern Back is not responsible for any shipping damage or issues with the purchased product. In the rare event your order is damaged due to shipping we will follow standard procedures for filing a claim with the delivery company, order delivery research and determine an appropriate resolution for all parties. If you order In-Home Setup services, there may be an additional 3 to 5 business days for delivery and setup of your order.
Shipping
Tracking information will be made available to you upon shipment of your order. You will be emailed your tracking numbers within a few days after your order has shipped.
Damaged Freight Delivery Shipments
If you think that your product has been damaged during shipment, you must open the boxes and fully inspect the product before you accept delivery. Any signs of damage must be fully documented, we recommend taking photos if you can during the delivery process if there is any damage to your order. Note: Bulging and discoloration of shipping packaging is normal wear and tear from shipping your order using third party providers.
If there are puncture holes, rips, tears or signs that a box has been opened you must fully inspect the product for any possible damage. It is completely OK to have the freight company wait for you to inspect the product. If there is any damage, you must have the freight company document the damage. If there is any damage, you (or the freight company) must take a photograph of the damage. Photographs of the damage are required in order to process your claim for a free product replacement. After you have documented the damage, please call our Service Department 1-800-416-4304 immediately. If we are not available, please email us at support@themodernback.com and be sure to include your order number within the subject line. We will then communicate directly with the freight company to arrange to have the product removed from your home and replaced.
If your order is a multi-piece shipment, you can sign for the product that is not damaged and we can file a claim for the product that is damaged. If you did in fact receive damaged product(s) from shipping, you must allow us to replace and reship the product. There will be no additional charges to you if your product was damaged during delivery and you followed the above instructions. If there is no damage to your product and you still choose to refuse your order without notifying us first and/or taking photographs to document the damage, you will incur freight charges both ways plus a 3% product return shipping fee. Your refund will not process until the product(s) have been received back to our warehouse and properly inspected. This process is estimated to be between 45-60 days.
Cancelled Orders
If for any reason you decide to cancel their order, you must notify The Modern Back within 24 hours of the Time and Date of Purchase. Example: The order is placed on Jan 1st, 2023, at 2:00 PM Eastern. You have the right to cancel your order until Jan 2nd, 2023, at 2:00 PM Eastern. If you cancel your order after 24 hours and the order has not yet shipped, you will be entitled to a refund minus a 3% return shipping fee. If you cancel your order after 24 hours and the order has already shipped, you will be entitled to a refund minus a 3% return shipping fee and all shipping fees associated with your order. Mattress and Accessory orders are confirmed by us within 24 hours of when your order was placed, if you wish to cancel, please email support@themodernback.com or call 1-888-416-4304. If you cancel your order after the 24-hour time frame, your order will be subject to the 3% cancellation fee. If you choose same day shipping, and you want to cancel your order, you will be required to pay a 3% cancellation fee. Same day shipping takes place immediately after your order is placed.
Refused Shipments
If you choose to refuse the shipment of any or all of your products including but not limited to mattress, bases, adjustable bed bases and accessories you will incur freight charges both ways and a 3% return shipping fee will apply to your order. Refund minus freight charges both ways and 3% return shipping fee will be issued within 30-45 days after date of order placed.
Return Policy
120 Night Risk Free Trial Terms
Eligibility Requirements:
In the event that your number bed mattress does not meet your comfort needs, your number bed mattress has a 120-Night Comfort Pledge. To be eligible, you must allow us to work with you on one comfort enhancement to be performed at any time during the trial period. The comfort enhancement does not extend the trial period. We stand behind our products and take pride in the fact that we strive to offer our customers a 100% satisfaction guarantee. When you decide to purchase a number bed from The Modern Back, we will do whatever it takes to continue to earn your business and your referrals. *Your trial date starts on the date you receive your mattress. TO BE ELIGIBLE at least one comfort enhancement is required.
Limit to one 120-night risk free trial, per mattress, per customer, per household.
120-night risk free trial available on The Modern Back mattresses only, you must sleep on mattress for 45 nights to qualify. Accessories, foundations, power bases, metal bed frames, furniture, brackets, chili pads and bedding (sheets, protectors, pads, etc.) are not returnable. Pumps, air chambers, hoses, connectors purchased as replacement parts for competitors' beds are fully warrantied and do not qualify for 120-night risk-free trial terms.
If during your first 45 nights your pump isn’t functioning properly, the remotes are not reading numbers correctly, you feel sagging or there is any potential defective issue with the mattress not working properly please call us to let us know. Any defective component that is replaced under our 25-year warranty your 120-night risk free trial will be extended and reset to the date you received the replacement components. You must keep the product for 45 nights before any return can be issued or approved. An RMA must be filled out, and signed, prior to the end of your trial period (days 46-120). Failure to send us a filled out and signed RMA may result in a forfeit of your ability to return your mattress. Once your mattress is picked up from your location it may take up to two weeks for our warehouse to receive the mattress. It may take up to 15 days for The Modern Back to inspect the mattress for any wear and tear or damage that may have occurred during your possession of the mattress. Once the mattress is inspected it may take up to an additional 30 days for your credit to be applied to your credit card, financing, or by check. Credits or charges due will be issued to the original form of payment. If you are still in a hurry to return, all returns processed before day 45 of sleep trial will result in a mandatory 25% restocking fee. Total estimated time to receive refund 30-45 days, from date RMA is approved.
All mattresses and components must be returned in like-new condition. This means absolutely no hair, blemishes, holes, stains, odors (such as cigarettes and cigar), scratches (on the remote-control face and/or pump encasement) to qualify for a full refund or exchange. If any of the components appear damaged you will be responsible for the retail cost of replacement for each component that is damaged, for every damaged component we will keep evidence of your purchase order. Power bases, adjustable frames, bedding, pillows and accessories are not included within the 120-night risk-free trial.
To begin the return process please contact our Customer Relations Department 1-800-416-4304. One of our Customer Relations Specialists will ask you some basic questions regarding your request for a return. If you have any questions, please call 1-800-416-4304. The ability to return a mattress for full credit is voided if trial period has expired or if return is not picked up within 7 (seven) days of pickup scheduled date.
*Orders cancelled or refused after shipping will be credited with a refund minus the freight cost to ship both ways and a 3% restocking fee. Refused deliveries due to 3rd party delivery company issues such as rescheduling, damaged or lost items will incur a 3% restocking fee.
**Risk free trial not available on Final Sale Products, Legacy, Demo Products, Showroom Floor Models, Friends and Family Discounted Models, Bedding, Accessories, Adjustable Bed Bases and Furniture are Non-Returnable.
*** No returns are accepted after 120-day trial period. The trial period starts on the date of mattress delivery.
Retail Store - 120 Night Trial Terms*
This trial is extended to Customers who purchase in-store and online. In the event that this mattress does not meet your comfort needs, your mattress has a 120-Night Trial. To be eligible, , call us immediately. We stand behind our products and take pride in the fact that we strive to offer our customers a 100% satisfaction guarantee. Your trial date starts on the date you receive your mattress. .
* No returns are accepted after 120-day trial period. The trial period starts on the date of mattress delivery. Return shipping fees and restocking fees may apply.
Trademarks, Copyright, etc.
This Website is owned and operated by The Modern Back. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the "Materials"), is the property of The Modern Back and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of The Modern Back and is protected by said laws. All rights are expressly reserved. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any materials or other content from this website without the prior written consent of The Modern Back. Without in any way limiting the foregoing, you agree not to use the website or any materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to The Modern Back or its business. The Modern Back retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, including without limitation The Modern Back, The Modern Back Bed, Flex Head and the mattress names of many of our products, as indicated, all of which are registered and/or common law trademarks of The Modern Back in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other The Modern Back product names, graphics, logos, service names and custom icons are included within the intellectual property of The Modern Back and all rights thereto are expressly reserved. Any other trademarks that appear on this site and are not owned by The Modern Back are the property of their respective owners.
No affiliation exists between The Modern Back and Select Comfort® or Sleep Number Bed® and the other brand trademark owners listed on this site. No product belonging to the brand trademark owners listed on this site is sold on this site. Any reference to a brand trademark is for information and consumer comparison purposes only. Trademarks listed on this site are registered trademarks of their respective owners.
Metatags, Hidden Text, Linking or Framing
Linking to this website, or any page or portion thereof, without the prior written consent of The Modern Back is expressly prohibited. Likewise, framing, in-line linking or other methods of association of The Modern Back website or its materials with any other site, advertisement, link or other information or materials not originating from this website is expressly prohibited.
Subject to Change
The Modern Back reserves the right to make changes or modifications to this website or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these terms and conditions, at any time, in its sole discretion and without notice. Errors will be corrected where discovered, and The Modern Back reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, whether such error is on this website or any print or other advertisement relating to these products and services. All such changes shall be effective immediately upon posting. You should review these terms and conditions frequently, as your use of the website following any changes to these terms and conditions shall constitute your acceptance of and agreement to be bound by the revised terms and conditions whether or not you have actually reviewed them. The Modern Back may in its sole discretion terminate, suspend or discontinue any aspect of the website, including the availability of any features or products, at any time and without notice or liability. The Modern Back may also restrict your access to all or any portion of the website without notice or liability.
Products and Prices
Without limiting the generality of the foregoing section (subject to change), the price and availability of any products contained or referenced on this website is subject to change at any time and without notice. As noted elsewhere herein, The Modern Back is not responsible for any typographical errors, which specifically include those relating to the price or size of an item. All prices displayed on this site apply only to the products and services available on the website and may not necessarily reflect the prices of such products or services, or similar items, available through our retail stores, catalogs or otherwise. Prices are at all times subject to availability, and nothing herein shall constitute an "offer to sell." We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. Without limiting the generality of the foregoing, we specifically reserve the right to refuse to sell to any person or entity known or believed by us to be a reseller of our products. The receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell.
Applicable Law
This website is created, controlled and maintained by The Modern Back in the State of Florida. Accordingly, the laws of the State of Florida shall in all events govern any disputes relating to this Website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. The Modern Back makes no representations as to the compliance of the website or its terms and conditions with any applicable law. If you choose to access the website from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable laws. You may not use the website in violation of U.S. export laws.
By using this website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of Florida and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to the website, including these terms and conditions, must be brought in a state or federal court located in the State of Florida and must be commenced no later than one year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this website and may only be modified by a writing signed by both parties.
Third Party Sites
As a convenience to you, and for informational purposes only, The Modern Back may from time to time provide links to websites operated by other entities unrelated to The Modern Back. If you use any such link, you acknowledge that you will be leaving this website to visit another. If you decide to visit any linked site, you do so at your own risk. The Modern Back expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that The Modern Back endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and The Modern Back expressly disclaims any such endorsement.
Disclaimer of Warranties
This website and the materials, content and products provided herein are provided on an "as is" and "as available" basis. The Modern Back makes no representations or warranties of any kind or nature whatsoever, either express or implied, as to the operation of this website or the content, materials, products and services provided herein, and expressly disclaims to the fullest extent allowed by law all warranties, whether express or implied, including without limitation all warranties of merchantability, fitness for a particular purpose, title or non-infringement or any warranty or representation that the operations and functions of this site shall be uninterrupted or error free or that any defects will be corrected. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. Without limiting the generality of the foregoing, this website and the materials contained herein may contain inaccuracies and typographical errors. The Modern Back does not warrant the accuracy or the completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this website. Any reliance on any of the foregoing shall be at your sole risk.
Disclaimer of Liability
In no event shall The Modern Back, or any of its officers, directors, shareholders, employees, distributors, affiliates, subsidiaries, agents or representatives, be in any way liable to any party for any direct, indirect, special, punitive, consequential or exemplary damages, or any other damages whatsoever, arising from or relating to the use of or inability to use this site or the content, materials and functions thereof, or of any linked website, or otherwise relating hereto, regardless of whether the same are foreseeable or if The Modern Back was advised of the possibility of such damages.
Forward Looking Statements
Some of the documents and information contained in (or directly accessible from) this website may include so-called "forward-looking statements" under United States securities laws. Forward-looking statements include but are not limited to any statements concerning the Company's or management's plans, objectives, goals, strategies, expectations, estimates, beliefs or projections, or any other statements concerning future performance or events. Actual results could differ materially from those indicated by these forward-looking statements as a result of various risks and uncertainties, including but not limited to the following: the current economic conditions in the United States as a whole and the continuing weakness in the retail environment; the risk that we will be unable to maintain our historical growth rate; the effects of competition from others in the highly competitive bedding industry; our ability to anticipate and react to industry trends and changes in consumer demand; our dependence upon our senior executive officers or the risk of loss of our manufacturing and distribution facilities. Any forward-looking statements represent our views only as of the date made and should not be relied upon as representing our views as of any subsequent date. While we may elect to update certain forward-looking statements at some point in the future, we specifically disclaim any obligation to do so even if experience or future events may cause the views contained in any forward-looking statements to change.
*Free Shipping applies to all orders. If your order was placed over the weekend, it will be set up for shipping on Monday. Please allow up to a week for tracking numbers to become available for unassembled shipments of our most common sized mattresses. Most common sized unassembled mattress shipments may arrive between 10 to 14 business days. If your order includes a Flex Head mattress, adjustable bed base and/or In-Home Setup services your order may take up to 30 business days to be delivered. During peak season and over holidays please expect a short delay with shipment due to seasonal influx.