When you buy our mattress in a box, we at Climax Comfort want to make sure that you’re fully satisfied with your purchase.
Every Climax Comfort mattress comes with a 111-Day Trial so you can test out our mattress for yourself at no risk.
This Climax® 111-Day Trial establishes a legally binding agreement (the “Agreement”) made between you (“you” or “your”) and CLIMAX LLC D/B/A CLIMAX COMFORT (“Climax,” “we,” “us,” or “our”) concerning your trial, or probationary, use of our Climax® mattress. This Agreement shall take effect immediately upon the delivery of your Climax® mattress to the address you designate in your account (the “Effective Date”).
By accepting this Agreement, you agree to be legally bound by its provisions as well as by the provisions set forth in our Terms and Conditions and Limited Lifetime Mattress Warranty, each of which can be found on our website. You also warrant and represent that you are lawfully able to enter in to this Agreement.
OUR TRIAL OFFER
Subject to the terms of this Agreement, we agree to extend to you a trial of our Climax® mattress for a period of one hundred eleven (111) days from the Effective Date (the “111-Day Trial”). All shipping fees associated with the delivery or return of your Climax® mattress will be paid by us, unless otherwise stated herein. If you are not completely satisfied with your Climax® mattress for any reason, you may return it to us for a full refund or an exchange on or before the expiration of the 111-Day Trial.
Upon acceptance of this Agreement, you acknowledge and agree that, during the duration of this 111- Day Trial, you must comply with the following terms:
You acknowledge and agree to provide proper care and maintenance to the Climax® mattress. This shall include, but is not limited to, keeping the mattress clean and void of physical damage and ensuring that the mattress is placed on an appropriate foundation or base at all times while in your possession.
You acknowledge and agree that securing an appropriate foundation or base for the Climax® mattress is solely your responsibility and that such foundation or base is not included in this 111-Day Trial. You also acknowledge and agree that the use of an inappropriate foundation or base may cause damage to the mattress which would make it non-returnable.
You acknowledge and agree that keeping the Climax® mattress clean and void of physical damage including, but not limited to, stains, odors, burns, cuts, tears, liquids damage, and/or internal or external materials breakdown, is solely your responsibility. It is strongly suggested that you purchase a waterproof mattress cover to use during this 111-Day Trial.
Upon acceptance of delivery of the Climax® mattress, you acknowledge and agree that you may not return it before thirty (30) days from the Effective Date.
Upon acceptance of this Agreement, you agree to establish an account with us and provide us with valid and updated contact and credit card information. You acknowledge and agree that you are solely responsible for the information provided in your account and that any misleading or fraudulent information may result in us terminating this Agreement and your 111-Day Trial. We reserve the right to take any other actions and pursue any legal rights available to us.
You acknowledge and agree that you are solely responsible for initiating a return of the Climax® mattress on or before the expiration date of this 111-Day Trial. If you choose to keep the Climax® mattress or if you fail to initiate its return prior to the expiration date, you acknowledge and agree that you will be charged for the balanced owed for the mattress.When returning the Climax® mattress, you acknowledge and agree that it must meet the requirements outlined in this Agreement.
You acknowledge and agree that, during the duration of this 111-Day Trial, you will only use the Climax® mattress for normal, in-home consumer use and not for any other purpose.
Upon acceptance of this Agreement, you will be required to provide us with valid and updated contact and credit card information, and you consent to being charged for the entire balance owed for the Climax® mattress.
You acknowledge and agree that you have read and accepted our Terms and Conditions, which governs our payment policy, and agree to be legally bound by such terms.
All returns must be initiated within one hundred eleven (111) days, but no sooner than thirty (30) days, of the purchase date. All returns must be accompanied with proof of purchase.
To return your Climax® mattress, it must be void of any physical damage including, but not limited to, stains, odors, burns, cuts, tears, liquids damage, and/or internal or external materials breakdown not caused by a manufacturing or materials defect.
Returns can only be made by the original purchaser of the Climax® mattress. We will not accept returns for any product that has been sold as “used,” “previously owned,” “reconditioned,” or described using any verbiage that would indicate the mattress was not new at the time of purchase, even if the mattress was resold during the term this 111-Day Trial.
We do not accept returns for any Climax® mattress that was sold by an unauthorized vendor or retailer of Climax, LLC d/b/a Climax Comfort. Any purchase from such an unauthorized vendor or retailer shall immediately and expressly void your option to return your Climax® mattress.
To return your Climax® mattress, you must call us at (269) 746-2000. We do not process any returns by mail, email, or social media.
Once a return has been initiated, we will coordinate a time with you to pick up or inspect your Climax® mattress. If we agree that the mattress is in a condition that meets the requirements described above, we will accept the return and complete the return process.
EXCHANGES AND REFUNDS
Upon acceptance of the return, you have the option to receive a full refund or an exchange. Please allow us fourteen (14) days from the receipt of your return to process your refund or exchange.
If you choose to exchange your returned Climax® mattress for a different Climax® mattress, you may be required to pay the difference in price if the exchanged mattress exceeds the original cost of the returned mattress. This determination shall be made at our sole discretion.
If you are returning your Climax® mattress due to defects, please refer to our Limited Lifetime Mattress Warranty.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CUSTOMER DATA OR INFORMATION POSTED BY YOU DURING THE ESTABLISHMENT OF YOUR ACCOUNT WITH US; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE CLIMAX® MATTRESS; OR (3) ANY INTERRUPTION OR TERMINATION OF THE 111-DAY TRIAL CONTEMPLATED IN THIS AGREEMENT.
QUESTIONS OR CONCERNS
If you have any questions or concerns regarding your Climax® mattress, this 111-Day Trial, or this Agreement, please contact us at (269) 746-2000.