I. privacy
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
II. electronic communication
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If you elect to receive marketing or promotional offer text messages, you consent to receive recurring SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us. In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
III. eligibility
No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
IV. copyright
Images of people, places and/or products posted on this Site are either the property of Coddle or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “Coddle Content”) is the property of Coddle or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Coddle and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at customerservice@coddleme.com.
V. trademarks
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Coddle, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Coddle, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
VI. limited license and site access
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
VII. account, forms, registrations and passwords
You represent and warrant that the information you provide to Coddle upon creating an account on the Site and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Coddle by e-mail to customerservice@coddleme.com. You will be solely responsible for the losses incurred by Coddle and others due to any unauthorized use of your account.
VIII. fees and payments; shipping
Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order. Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. At times, clearly marked on the Site, you may also finance your purchase of Products through Bread Financial, as detailed on the payment screen. United States Dollars. All monetary transactions on the Site take place in U.S. dollars. For purchases $1000 and greater, Standard Delivery is FREE (with some rare exceptions described below). This applies to your cart’s subtotal before discounts. For anything $999 or less, there is a 10% shipping fee. For a small portion of US residents in rural areas, there may be additional shipping charges of up to $200. These fees will be clearly stated at checkout before you make your purchase.
IX. gift, promo and offer codes
From time to time, Coddle may offer qualified consumers “gift codes” or “offer codes” or “promo codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on coddleme.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Coddle in its sole discretion. Only valid offer codes provided or promoted by Coddle will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Coddle (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Coddle is non-transferable and valid for single use on an item (or items) of merchandise as determined by Coddle. Offer codes may not be combined and may not be used in conjunction with any future Coddle Referral Program. Customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are not valid for use by customers that elect to finance their purchase through Bread Financial. Offer codes are not valid in showrooms or stores and are valid online only. Coddle is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.Spokespeople: From time to time, Coddle may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television, influencers, bloggers or radio show host, please note that such individuals may have been compensated by Coddle for their statements. Referral Program: Offer codes may not be used in conjunction with any future Coddle Referral Program. Direct Mail. All offer codes communicated via direct mail or email require a minimum order value to be eligible. All Coddle offer code restrictions and rules apply to the direct mail offers.
X. warranty & materials
We stand behind our Products. Each Couch that is manufactured by Coddle and purchased directly from Coddle or Coddle’s authorized retailers is covered by a limited manufacturer’s warranty. Coddle uses the best possible materials for comfort, durability and ease of care; eucalyptus and plywood framing, stainless steel base frames, layered foams including gel-infused memory foams, green webbing, woven fabrics, microfiber fabrics and blended leather comprised up of a blend of materials including a PU comfort backing, leather fibers for natural feel and grain and a synthetic protective coating. Please contact us at customerservice@coddleme.com for more details.
XI. refunds and returns; cancellation
You may return any of your Products within the first 30 days after your receipt of that particular Product, subject to the process described below for each Product. You may cancel an order any time prior to a shipping label being created. Refunds will be issued in the form of the original payment. If you purchased a Product using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Returns are not guaranteed. Please read the process described below. Return Procedure. Return shipping is free for United States customers who are in possession of the original packing materials. A 20% re-stocking fee will be charged on the order value for any returns without the original packing materials. Refunds will be issued in the form of the original payment. Refunds will be issued within two (2) weeks of the completion of Coddle’s return process. This process may take several weeks to complete. Please follow the instructions below to return your Product.
If you want to return your Coddle Products within the first 30 days after Coddle confirms complete delivery of your product (i.e., 30-day trial begins when Coddle’s shipping partners confirm delivery of a couch, not when the products are unboxed), please e-mail Coddle at customerservice@coddleme.com to arrange for either return shipping or a return pick-up. Coddle reserves the right to choose the method of return. Coddle will provide instructions on how to proceed. A return process must be initiated within 30 calendar days of receipt of the products in order to be eligible for returns. To successfully initiate the return process, customerservice@coddleme.com must receive an email requesting a return by 11:59 PM ET on the 30th day of the trial.
Return Conditions. The following conditions also apply to Product returns:
Products must be in usable condition to be eligible for return (e.g., no stains, tears or other soiling including odors). Accepting returns is at the sole discretion of Coddle’s judgement of the state of the Products. Coddle reserves the right to refuse any returns. Coddle may request descriptions and images of the Products to determine the state of the Products prior to accepting returns. Failure to comply with requests by Coddle may result in Coddle’s refusal of return. Failure to complete the returns process within 1 week of being provided instructions from Coddle may result in Coddle’s refusal of return.
Products shipped outside of the continental United States are not eligible for return.
Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address.
If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional 30-day trials on subsequent orders of that particular Product (i.e. if you return a Couch, you will not be eligible for 30-day trials on future Couch orders).
Missing an appointment for a return to be picked up from your address will incur a fee. This fee will be clearly disclosed at the time Coddle schedules a pickup on the customer's behalf.
Cancellations. You may cancel an order anytime prior to a shipping label being created by contacting us at customerservice@coddleme.com Title. Risk of loss and title for Products purchased from Coddle pass to you upon delivery of such Products (by Coddle or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
XII. content you submit to coddle
From time to time, Coddle may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to Coddle must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material. By posting a Review on the Site, you hereby grant Coddle an unrestricted, assignable, sub-licensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Coddle and the Products. You further grant Coddle a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Coddle through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Coddle the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Coddle to obtain any licenses from or make any payments in any amounts to any third party throughout the world. No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Coddle in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code. Monitoring. Coddle has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Coddle has no obligation to display or post any Reviews. Coddle, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
XIII. digital millennium copyright act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Coddle a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Coddle to locate the material on the Site;
Your name, address, telephone number, and e-mail address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Coddle a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 6955 Mowry Avenue, Newark , CA or customerservice@coddleme.com with the word “copyright” in the Subject of the email. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
