We collect the personal information you provide to us when you purchase our products or visit our website. The categories of information we may collect include:
- Personal Identifiers, including name, email address, postal address, telephone number, and online Identifiers
- Internet Activity
- Commercial Information, including purchases
- Financial Information, including credit or debit card number
- Protected Classifications and Other Personal Characteristics, including age
- Inferences from Other Data, including inferences created from other personal information collected
We may collect personal information about you from third-party sources, including Other consumers (e.g., referrals).
The categories of information we may collect include:
Other consumers (e.g., referrals)
- Personal Identifiers, including Name, Email address, and Telephone number
We do not retain data for any longer than is necessary for the purposes described in this Policy.
We generally retain data in accordance with the guidelines below.We generally retain data according to the guidelines below.
|Type of Data
|Cookies and online data we collect while you use our website, including Online Identifiers, Internet Activity
|We delete or anonymize data concerning your use of our website within 5 years of collecting it.
|Data we collect in order to process and ship orders you place with us, including Name, Email address, Postal address, Telephone number, Purchases, Credit or debit card number
|We keep personal information related to the products you purchase for as long as the personal data is required for us to fulfill our contract with you or for 5 years from your last purchase with us. We may keep data beyond this period in anonymized form in order to improve the quality of our products and customer services.
|Data we collect when you contact us for customer support and other inquiries, including Name, Email address, Postal address, Telephone number, Purchases
|We keep customer feedback and correspondence with our customer service for up to 2 years to help us respond to any questions or complaints. We may keep data beyond this period in anonymized form.
|Data we collect when you sign up for promotional and marketing communications, including Name, Email address, Telephone number, Age, Inferences created from other personal information collected
|Where you have signed up to receive promotional and marketing communications from us, we will retain any data collected until you opt out or request its deletion. We may keep data beyond this period in anonymized form. We will further retain a record of any opt-outs in order to prevent sending you future communications.
|Data we collect when you review our products, answer surveys, or send feedback, including Name, Email address, Telephone number, Purchases
|We retain reviews, surveys, and feedback data for up to 5 years following your last contact with us. We may keep data beyond this period in anonymized form to help improve our products and services.
|Data we collect in connection with privacy requests, including Name, Email address, Online Identifiers
|We retain records related to privacy requests for a minimum of 24 months following the completion of the request.
|Data we collect for security purposes, including Name, Email address, Online Identifiers
|We retain security-related data as long as necessary to comply with our legal obligations and to maintain and improve our information security measures.
We process personal information for the following business and commercial purposes:
- Checking Job Applicant and Employee Backgrounds
- Conducting Surveys
- Data Storage
- Delivering Targeted Ads
- Fulfilling Customer Orders
- Improving our Products & Services
- Internal Business Operations
- Meeting Compliance & Legal Requirements
- Operating Our Website or Mobile Apps
- Organizing & Managing Data
- Preventing Fraud
- Processing Payments
- Providing Customer Support
- Providing Cybersecurity
- Sending Promotional Communications
- Tracking Purchases & Customer Data
TERMS AND CONDITIONS
1. Acceptance of Terms
Welcome to Whitestone Home Furnishings, LLC’s (referred to as "us", "we", "our", or “Saatva” as the context may require) website (the “Website”). These terms and conditions (these "Terms") apply to the purchase and sale of products and services through Saatva.com and/or our Sleep Enlightened blog as well as any other website operated by Whitestone Home Furnishings, LLC (collectively the "Company" or “Saatva”).
transaction with us through our Sites.
These Terms are subject to change by Whitestone Home Furnishings, LLC without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the last updated date referenced on the Site. You should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after the last updated date will constitute your acceptance of and agreement to such changes.
It is your exclusive obligation to review this Agreement and the other policies listed above carefully. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. These terms require the use of arbitration to resolve disputes, rather than jury trials or class actions. By submitting an order for any of our Products you expressly certify that you have read, understood, and agree to be bound by the terms of this Agreement. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions. You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age, or (c) are prohibited from accessing or using this website or any of this website's content or goods by applicable state, local, or federal law. If you do not agree to be bound by these provisions, do not purchase any products from the Site and please exit this site immediately.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Price and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders
placed after such changes. Posted prices include taxes or charges for shipping and handling or miscellaneous fees required by your State. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept all major credit cards such as Visa, MasterCard, American Express, and Discover Card, as well as PayPal, Google Pay and the use of the buy now, pay later service (BNPL) Affirm for all purchases. You represent and warrant that (i) the billing information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. If you aren't completely happy with your Saatva purchase during your 365-night home trial, just give us a call at 1-877-672-2882 or send an email to email@example.com. We’ll schedule a pick-up of the product and issue a refund for the purchase price (taxes excluded) to your original method of payment. You’ll only pay a $99 processing fee. For defective returns, please refer to the manufacturer’s warranty (see 6) included with the product or as detailed in the product’s description on our Site.
6. Manufacturer’s Warranty and Disclaimers. The products offered on our Site are covered by warranties listed here:
(a) Mattress Warranty
(b) Bed Frame Warranty
(c) Adjustable Base Warranty
(d) Bedding Warranty
To obtain additional information about these warranties, warranties potentially not listed here, or our extended warranties please call us at 1-877-672-2882 or send an email to firstname.lastname@example.org.
ALTHOUGH SAATVA TAKES REASONABLE EFFORTS TO VERIFY THE CONTENT OF THIS SITE, SAATVA DOES NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY OR RELIABLE OR THAT THIS SITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. AS STATED ABOVE SAATVA MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AS WELL AS THE PRODUCTS OFFERED, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE CONTENT OF THIS WEBSITE OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS IN A TIMELY MANNER.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. Limitation of Liability. WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTABILITY, AND COMPLIANCE FROM OUR MANUFACTURERS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
8. Goods Not for Resale or Export. You represent and warrant that, unless previously agreed upon by you and Saatva, you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. Force Majeure. We are not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion,
governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of New York.
12. Dispute Resolution and Binding Arbitration.
(a) YOU AND SAATVA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
FOR THE PURPOSES OF THIS SECTION A “CLAIM” OR “DISPUTE” SHALL BE DEFINED AS ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE.
(b) Any Dispute shall be resolved solely and exclusively by arbitration to be held in New York County, New York with a single disinterested arbitrator and pursuant to New York law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer's arbitration fees if the consumer prevails on any claim that affords the prevailing party attorneys' fees. Similarly, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy with your maximum recovery being the total amount of your transaction.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SAATVA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
13. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Saatva.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to email@example.com ; or (ii) by overnight courier, or registered or certified mail to Whitestone Home Furnishings, LLC dba Saatva, 19-02 Whitestone Expressway, Suite 201, Whitestone, NY 11357. We may update the email address or physical address for notices to us by posting a notice on the Site. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
We may disclose personal information about you for business and commercial purposes when you purchase our products or visit our website:
|Personal Information Category
|Categories of Service Providers
|Categories of Third Parties
|Business Operations Tool, Customer Support Tools, Governance, Risk & Compliance Software, Sales & Marketing Tools, and Website Operations Tool
|Ad Networks, Data Analytics Providers, Payment Processors, and Sales & Marketing Tools
|Sales & Marketing Tools
|Ad Networks, Data Analytics Providers, and Sales & Marketing Tools
|Website Operations Tool
|Website Operations Tool
The California Transparency in Supply Chains Act of 2010 (”CTSCA”) requires companies above a certain size that manufacture or sell products in California to report on their websites the activities they engage in to ensure that their supply chains are free from slavery and human trafficking. Slavery and human trafficking are both illegal and unethical, and Saatva works to combats these issues as part of its overall commitment to complying with all applicable laws and regulations and operating in an ethical and socially responsible manner. Saatva expects its partners to conduct their businesses not only in a lawful manner, but also in compliance with the same high standards of integrity and ethics.
- Saatva expects its partners to refrain from the direct or indirect use of slavery, forced labor or any forms of human trafficking. Saatva uses formal and informal means to monitor its supply chain to evaluate the risks of noncompliance involving slavery and human trafficking issues. This monitoring effort is conducted by both Saatva and third parties. To that end, Saatva will not knowingly do business with any supplier that supports, condones, or otherwise has issues with slavery, human trafficking, or forced labor.
- Saatva informally assesses all potential suppliers during onboarding to detect any issues concerning slavery and human trafficking, but does not currently conduct any formal audits. If a supplier is determined to have violated applicable laws or has a higher level of risk in this regard, Saatva will take all appropriate action, which may include ending the partnership.
- Saatva does not currently require its manufacturing or delivery partners to make any certifications regarding human trafficking or slavery.
- Saatva does not currently have any specific standards or procedures in place that pertain to slavery and human trafficking.
- Saatva does not currently conduct any specific management or employee training on the issues of slavery and human trafficking.
Saatva is committed to maintain the accessibility of its Website to ensure that persons with disabilities have full and equal enjoyment of Saatva's online goods, services, facilities, privileges, advantages, and accommodations. To fulfill this ongoing commitment, we aim to adhere as strictly as possible to the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level, Title III of the American with Disabilities Act (ADA) and other accessibility guidelines. These guidelines explain how to make web content accessible to people with a wide array of disabilities.
With the assistance of an accessibility consultant, Saatva conducts periodic accessibility audits to incorporate ongoing and specific recommendations to facilitate and strengthen accessibility for its Website and conformance with current accessibility standards. Saatva understands the importance of testing its digital properties to ensure consistent experiences are delivered.
Saatva is committed to testing and confirming the accessibility of its Website in advance of an initial launch, if applicable, and on a periodic basis thereafter to monitor and test for conformity to WCAG 2.1 AA, Title III of the American with Disabilities Act (ADA) and other accessibility guidelines. While these Standards may change and/or evolve over time, Saatva will actively support and comply with current and future standards, and the Website will be assessed on a recurring basis.
To submit accessibility questions, feedback, or to report an accessibility issue you encounter on the Website, please email moc.avtaas@ofni. If you do encounter a specific accessibility issue, please specify the URL in your email and we will make all reasonable efforts to resolve it.