Sales Agreement
Acceptance and Authorization: By purchasing products from Wallbed Factory, you agree that this Agreement constitutes the complete and exclusive statement of the agreement between the parties concerning the sale, manufacture and delivery of wall beds and other furniture and may only be amended in writing. This Agreement expressly supersedes all prior written or verbal agreements or representations made by Wallbed Factory, you, or anyone else. You agree that there are no oral or written representations or inducements express or implied, in any way conditioning this Agreement and you expressly disclaim their existence.
Return Policy: At Wallbed Factory, we want you to be perfectly satisfied with your wall bed. If you’re not, simply call us and we’ll gladly return your money and adjust your order based on our return policy detailed below.
| Duration | Return Policy |
| Up to 4 Days after Order Placed | Full Money Back |
| Up until Items Received | Full Money Back minus 15% Restocking Fee |
| Up to 14 Days after Items Received | Full Money Back minus 15% Restocking Fee and Return Shipment Fee |
Due to the nature of custom orders, they are not returnable.
Prices: Prices are in US dollars. Prices are effective as of January 1, 2014, and are subject to change without notice. Prices can, at the customer’s request, be post-dated to orders placed within 3 weeks of any price change or until the order has been invoiced; whichever is sooner.
Payment: Accepted in U.S. dollars only. The total purchase price (including shipping cost) is required at the time of the order. VISA, MasterCard, American Express, and Discover cards are accepted.
U.S. Sales Tax: As an online retailer with only one showroom in Oregon, our customers are exempt from paying sales tax on orders placed with us – no matter which state they live in. It is agreed that the sale is complete and legal ownership of all products are transferred upon shipment of the order, within the State of Oregon.
Shipping and Handling (U.S.A.):
All shipments are FOB shipping point, Bend, Oregon. Your built-to-order wall bed will be ready for shipment in approximately the time frame stated on each product’s individual website product page. The stated production time is an estimate only and is subject to change at any time. All orders with custom specifications will add up to 3 weeks to the product time. Delays in manufacturing of your furniture may occur which will extend the estimated completion date. Wallbed Factory does not guarantee that your furniture will be ready for shipment within the estimated manufacturing period. Wallbed Factory is not responsible for delays in the manufacture of your furniture.
Standard shipping time is approximately 3-14 days. Shipping rates include one wall bed, and up to two side towers (contiguous 48 states only). Any ancillary incurred during transportation are billed COD to the customer. Shipping rates vary depending on the furniture purchased and the delivery method.
Damage’s arising from shipping are the matter between the shipping company and the consignee. At Wallbed Factory‘s courtesy, Wallbed Factory will file and argue the shipping claim on behalf of the consignee. Wallbed Factory is in no way responsible for damages arising from any and all third-party transportation companies. It is expressly agreed upon that Wallbed Factory is not liable for loss of value, loss of time, or additional charges incurred by the consignee resulting from shipping damages.
Shipping and Handling (Non-contiguous U.S. and International): All shipments are FOB shipping point, Bend, Oregon. For orders placed outside the contiguous USA, Alaska, Hawaii, and Canada, materials are shipped with charges billed at cost.
Warehousing: As a courtesy to our customers, orders will be warehoused, free-of-charge, up to 30 days from the original planned ship date. After 30 days, storage charges will accrue at $15/week until the item(s) are shipped. If the the item(s) do not ship within 75 days of the order’s invoice date, ownership and responsibility for the item(s) will transfer to the customer and the item(s) will no longer will be available for return.
Installation: We do not perform installation. We will provide you with an installation manual that directs you in the installation of your wall bed. If you wish to have the wall bed installed for you, we have a number of preferred vendors across the US that have been trained in installing our wall beds. Please contact our Customer Service department at 1-800-975-8451 or contact@wallbedfactory.com for a list of preferred vendors in your area. You will be responsible for paying the preferred vendor to install your wall bed.
We are not responsible for any damages to your wall bed that occur during installation or as a result of installation, by either you or a preferred vendor. Should damages occur to your product as the result of faulty installation it is acknowledged that Wallbed Factory is in no way liable for the resulting damage to the product, any and all properties or further resulting damages. Damages occurred by improper installation by the customer or third-party vendor will automatically void any and all warranties or claims.
Mechanism Warranty: The air piston mechanism is guaranteed for life by the manufacturer for the original customer. If you have an eligible mechanism problem, contact our Customer Service department at 1-800-975-8451 or contact@wallbedfactory.com with your original sales order and valid identification. At Wallbed Factory‘s option we will send a replacement to you at no charge. This warranty is provided by the manufacturer of the air piston mechanism and not by Wallbed Factory.
Mattress Warranty: Mattresses come with a 10-year manufacturer’s warranty. For the first year after purchase, Wallbed Factory will, at its option, repair or replace the mattress or foundation with any manufacturing defect, other than cover, without charge, exclusive of transportation costs. Thereafter, repair or replacement will be at a percentage of the purchase price (based on warranty length), times the total number of years owned, plus transportation costs. Contact our Customer Service department at 1-800-975-8451 or contact@wallbedfactory.com if your mattress is defective. This warranty is provided by the manufacturer of the mattress and not by Wallbed Factory. This warranty does not apply if bedding is subjected to misuse or abuse, including bends, stains, burns, tears, and improper care. Human soiling or stains negate the warranty. Consumers are advised to use protective mattress pads.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTY:
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WALLBED FACTORY MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE GOODS OFFERED FOR SALE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WALLBED FACTORY DOES NOT WARRANT THAT THE GOODS SOLD WILL MEET PURCHASER’S NEEDS OR BE FREE FROM ERRORS AND DEFECTS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. WALLBED FACTORY COMPANY WILL NOT BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED UPON A CLAIM OR ACTION OR CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WALLBED FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE CASE OF NONCONFORMING GOODS, PURCHASER’S REMEDY IS LIMITED TO THE RETURN OF THE GOODS AND REPAYMENT OF THE PRICE OR THE REPAIR AND REPLACEMENT OF NONCONFORMING GOODS OR PARTS.
SOME STATES DO NOT PERMIT LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
Miscellaneous Provisions:
1. Definitions: “You” or “Your” means the customer identified above. “We” means Pacific Wood Ventures, LLC d.b.a Wallbed Factory. “Agreement” means the Sales Agreement and this Purchase Order.
2. Your Responsibilities: You agree to pay Wallbed Factory according to the terms and conditions of this Agreement. You agree to facilitate the delivery and installation, if using a preferred vendor, of your furniture. You agree that any claims against Wallbed Factory under this Agreement shall be made to Wallbed Factory within thirty (30) calendar days of the date of delivery of your furniture. YOU ASSUME THE RISK AND FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY AND/OR INSTALLATION.
3. Attorney Fees: In the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party the prevailing party’s reasonable attorney fees at trial or on appeal as adjudged by the trial or appellate court.
4. Non-liability for Delay: Neither party shall be liable for any failure or delay in performance of this Agreement (other than a delay in the payment of money due and payable hereunder) to the extent such failure or delays are due to causes beyond that party’s reasonable control and occurring without its fault or negligence, or by the failure of the other party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give to the other party prompt written notice specifying the cause of the delay.
5. Non-waiver: No waiver of any right or consent to any breach shall constitute a waiver of any other right or consent to any other breach.
6. Severability: The provisions of this Agreement are deemed severable, and the invalidity or unenforceability of any provision shall not affect or impair the validity of the remaining provisions.
7. Governing Law: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Oregon, U.S.A., without reference to any conflicts of law provisions of the State of Oregon.
8. Venue:This agreement shall be construed and enforced in accordance with the laws of the State of Oregon without regard to the choice of law principles thereof. Venue shall be Bend, Oregon and the Parties irrevocably consent to the personal jurisdiction and venue therein.
Privacy Policy
Wallbed Factory – Privacy Policy
Privacy of personal information is an important principle to Wallbed Factory. We are committed to collecting, using, and disclosing personal information responsibly and only to the extent necessary for the services we provide. We strive to be open and transparent regarding how we handle personal information. This document describes our privacy policies.
Collecting Information about You
There may be times (such as when you purchase or order a product, subscribe to a service, register to receive information, or to participate in promotions, etc.) when we ask you to provide certain information about yourself, such as your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc. We may also maintain a record of your product purchases.
Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web site. In addition, we may need to contact you via phone, email, or mail to address questions or issues specific to your order, even if you have opted not to receive communications from us.
In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.
Using Information about You
We use the personal information you provide for internal purposes, such as confirming and tracking your order, analyzing trends and statistics, informing you of our new products, services and offers, and providing you with information from and about Wallbed Factory.
We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
Editing, Updating, Correcting and Deleting Information about You
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us, let us know by contacting us. Please be sure to include your email address, mailing address, full name, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other personal information with us please contact us the same way.
Please note that any requests to remove or update your personal information may take up to ten days for your email request and 2-4 weeks to process your postal mail request.
Cookies
Wallbed Factory does not set any cookies.
Security
Wallbed Factory takes precautions, including use of sophisticated encryption and authentication tools, to protect the security of your personal information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.
Links to Third Party Sites
Our web sites may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on such site.
Policy Changes
If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our web site. Those changes will go into effect on the date posted in the notice. The new policy will apply to all current and past users of our web site and will replace any prior policies that are inconsistent. This policy was posted in June 2006.
Your Feedback
To help us improve our privacy policy and practice, please give us your feedback by contacting our Customer Service department directly or by sending us a letter at
Wallbed Factory, LLC.
20515 Murray Rd
Bend, OR 97701
Wallbed Factory Web Policy
Website content and copyright information
Website content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Wallbed Factory, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Wallbed Factory’s express prior written consent.
You may use information on Wallbed Factory’s products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Wallbed Factory for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
The Wallbed Factory web pages are maintained in-house and are regularly updated and improved. As it is available, new content is added. Although we attempt to keep information on our site accurate, you assume the risk that the information and materials on this Web site could be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Acceptance of terms
By using WallBedFactory.com, visitors signify their acceptance of our content & copyright polices. If a visitor does not agree to these policies, we request that the visitor not use our site. Continued use of the Wallbed Factory website following the posting of changes to these terms will indicate acceptance of those changes.
Violation of These Terms of Use
Wallbed Factory may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Wallbed Factory’s rights or property, or the rights or property of visitors to or users of the Site, including Wallbed Factory’s customers. Wallbed Factory reserves the right at all times to disclose any information that Wallbed Factory deems necessary to comply with any applicable law, regulation, legal process or governmental request. Wallbed Factory also may disclose your information when Wallbed Factory determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Wallbed Factory may preserve any transmittal or communication by you with Wallbed Factory through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Wallbed Factory determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Wallbed Factory, its employees, users of or visitors to the Site, and the public.
You agree that Wallbed Factory may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Wallbed Factory, for which monetary damages would be inadequate, and you consent to Wallbed Factory obtaining any injunctive or equitable relief that Wallbed Factory deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Wallbed Factory may have at law or in equity.
You agree that Wallbed Factory may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Wallbed Factory does take any legal action against you as a result of your violation of these Terms of Use, Wallbed Factory will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Wallbed Factory. You agree that Wallbed Factory will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
For more information
If you have questions about our content or copyright policies, or have ideas about improving our policies, please feel free to contact us.
