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Terms of service

Terms of service

Effective/Updated Date: April 21, 2025

Please read these Terms of Service (“Agreement”, “Terms of Service”, “Terms”) carefully before using https://laylasleep.com (“the Site”) operated by Layla Sleep® Inc. (“Layla®” “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://laylasleep.com

We respect your privacy and are committed to protecting it. Our Privacy Policy (located here), governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

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 on an individual basis to resolve disputes, rather than jury trials or class actions.

By placing an order for products or services from this website, you accept and are bound by 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 (i) at least 18 years of age or (ii) legal age to form a binding contract with Layla®, or (c) are prohibited from accessing or using this website or any of this website's contents, goods or services by applicable law.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

INTELLECTUAL PROPERTY

The Site and its original content, features and functionality are owned by Layla® and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

TERMINATION

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

LINKS TO OTHER SITES

Our Site may contain links to third-party sites that are not owned or controlled by Layla®. Layla® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Layla® grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.

LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED PURSUANT TO THE “LIMITED WARRANTY” SECTION BELOW ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND LAYLA’S ENTIRE OBLIGATION AND LIABILITY RELATED TO ANY PURCHASE. LAYLA’S (AND ITS DIRECTORS’, EMPLOYEES’, PARTNERS’, AGENTS’, SUPPLIERS’, AND AFFILIATES’) LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL LAYLA UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Further, you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights

SITE WARRANTY DISCLAIMER

Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Layla®, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

COUPON CODES/PROMOTIONS

Layla® , in its sole and absolute discretion, honor promotions prior to or after the advertised promotional period. However, we are under no obligation to do so.

Coupon codes and promotions may have expiration dates and we may decide to stop accepting any coupon codes or stop any promotion at any time. Requests not complying with all terms and conditions of the coupon codes will not be honored. Coupon codes and promotions are subject to certain merchandise exclusions or any other restrictions as may be determined and communicated in Our sole discretion.

Promotional items are always while supplies last. Promotional items cannot be substituted or credited for an additional discount and are not covered by warranty. Coupon codes cannot be redeemed for cash or any cash equivalent. See “Cancellations/Returns” for more information regarding returns of promotional items.

WARRANTY/TRIAL POLICY

Layla® offers a 120 night trial for Layla Sleep® mattresses, however you must keep the mattress for 30 days prior to initiating a return. Only 1 return or exchange will be allowed per address.

Warranty: Layla Sleep® Inc. warranties that Layla® brand products will be free from defects in material and workmanship that may compromise sleep quality for the life of the product. The specific warranty period varies per mattress. For more details on all product warranties, please view our Warranty page.

Fewer than ten years after the original purchase: Layla® will replace any defective Layla Sleep® mattress (subject to the limitations hereunder) with a brand new Layla Sleep® mattress of equal or greater value at absolutely no charge to you.

Ten years or later after original purchase: Layla Sleep will completely repair and re-cover your defective Layla Sleep® mattress (subject to the limitations hereunder). Layla® may alternately elect, in its sole and absolute discretion to replace your defective Layla Sleep® mattress, at Layla Sleep’s option. This warranty does not include costs of shipping the replacement mattress, unless waived in Layla’s sole and absolute discretion.

Mattress Warranty Exclusions and Limitations: This warranty applies only to the original purchaser and is valid if used properly. Proper use is defined as using the mattress on a firm, rigid and smooth surface that allows air ventilation and supports the entire mattress, INCLUDING THE CENTER, such as a slatted bed platform or box spring. Note: Using a box spring foundation manufactured by any other brand besides Layla Sleep® Inc will void mattress warranty. Proper use also means that the product was not abused by the purchaser. This includes keeping the mattress properly protected and free of moisture.

Items which are provided as a gift, donation, or purchased second hand, will not qualify for warranty. Promotional items do not qualify for warranty or replacement claims.

This warranty does not apply to a purchaser’s personal comfort preferences, such as the firmness of the mattress, bed height, weight, etc., or to normal body impressions of 1″ or less.

Warranties are non-transferable. Items or components replaced under warranty are subject to the warranty term from the date of original purchase.

Mattress Manufacturing Defects are solely as follows: (a) seams coming apart; (b) visible permanent compression of the mattress surface greater than 1″; (c) loss of mattress shape beyond 1”.

For avoidance of doubt, Mattress Manufacturing Defects DO NOT include: (a) faults in the cosmetic appearance, such as wrinkles on the fabric (b) cosmetic changes that naturally occur over time, including natural blemishes in the fabric; (c) mattresses that may have been soiled, dampened, burned, stained or otherwise abused; (d) mattress dimension (width, length and or height) discrepancies of up to +-1″; and/or (h) appearance of mold on and/or infestation with vermin (such as bed bugs) due to improper and unsanitary care of the mattress. Also, we do not guarantee your new mattress will not have a scent. All natural and man-made materials can have a scent and often do. None of our materials have a toxic emission based on scientific, 3rd party verification. A natural occurring scent is not a warranty issue.

Voiding of Warranty

The following cases may, but do not comprise the comprehensive set of circumstances that, void any and all warranties:

- Leaving the Layla® mattress in the box for more than two weeks after receiving it.

- Using a box spring foundation manufactured by any brand other than Layla Sleep®.

- Using a metal bed frame that doesn’t have a center support bar.

- Using a base with slats spaced more than 4” apart.

- Using the Layla® mattress for any commercial use i.e. hotels, motels, rental properties, hostels, dorms, schools, shelters, rooming and boarding homes, bed and breakfasts, vacation rentals, etc.

- Any other situation where the mattress was damaged due to non-traditional use.

Warranty Performance: We will repair or replace the defective mattress or the defective component(s) of the mattress. In the case of a manufacturing defect in a component of the mattress, such as the mattress cover, we may elect to repair or replace the component rather than replace the entire mattress, and we reserve sole and complete discretion over that election. If we elect to replace the mattress or component, we will replace it with the model, version, color, or style available at the time of replacement, which may be different in certain respects than the original. There may be a shipping fee up to $50 associated with warranty repairs or replacement (this fee will be evaluated on a case by case basis by Layla Sleep® Inc.). Warranty does not cover the shipping cost for replacement items or components. Layla® reserves the right to decline a warranty request if all information has not been provided, or the item in question does not qualify.

Any item(s) which arrive with cosmetic or functional damage must be reported within 14 days of the receipt by date of each product. This will be verified by carrier tracking.

LAYLA’S RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH HEREUNDER. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

CANCELLATIONS/RETURNS

Cancellations: Cancellations cannot be processed. Restocking fee/shipping fee may be held from refund.

Returns: Only 1 return per address is permitted. An exchanged/upgraded mattress would be non returnable. Unopened (Boxed) items are to be shipped back to the fulfillment center in order to obtain a full refund*. Layla® does not provide return packaging or reimbursement for packaging **. For opened box returns, Layla® will attempt a pickup with a Layla® Partner***. If there is not a Layla® Partner available to pick up the return, the customer will be required to donate their product to qualify for a full refund****. Proof of donation will be required for a full refund. Returns or donations are required to be completed within a 14 day period from when the claim is entered to qualify for a refund. A restocking fee may be required for returned items.

All refunds will be processed to the original payment method. If the original payment method is not available, Layla® reserves the right to issue the refund by an alternate method.

Promotional items cannot be returned for a cash refund.

In the event of a return of a product with which a promotional item was included in the initial purchase, the promotional item must also be returned or Layla® will retain the value of such promotional item from any refund offered. Layla® reserves the right to refuse return of any promotional item in the event that it is not (i) returned in a timely manner with the product for which you are seeking a refund and/or (ii) in a condition reasonably acceptable at Layla’s sole and absolute discretion. If a refund is processed for an item that was part of a bundle deal, the value ($) of the promotional discount will be deducted from the refunded amount, as the bundle conditions no longer apply.

Layla® does not have the ability to mail a physical label to a customer's address.

*Packaged returns can only be shipped via FedEx and by no other carrier. Restocking/shipping fees may be applicable depending on the nature of the return (ie. cancellations).

**Layla® does not provide reimbursement or compensation on donations handled by the third party for their customer

***This service is not provided in Canada.

**** The only exception to this is if we can confirm no donation facility is reasonably available

SHIPPING/CARRIERS

Risk of loss and title for products you purchase from us pass to you upon delivery of any such products to the carrier. If an item is shown as delivered by the carrier, but you believe it was not delivered or there was damage due to shipping, this will require a claim to be filed and processed prior to any further action being taken. Please email customer support and request help with tracking in order to file a claim. If a claim is filed it must reach the approved/verified stage prior to a customer receiving a refund or replacement item. This process may take up to 30 days to complete. Denied claims will not be refunded and a replacement order will not be approved.

Product arrivals with obvious shipping damage must be reported within 14 days of receiving the product. Proper requested photos must be submitted by the customer in order to verify and approve this request.

If address corrections are required to complete delivery due to a customer error (ie. missing apartment numbers, etc.), there will be a fee associated with that correction. As an alternative, packages can be held at a carrier pick up facility at no added cost to the customer.

FRAUD

Orders linked to potential fraud will be contacted in two forms if available: by phone and by email. The customer then has 3 business days to respond to the CX (Customer Experience) agent for confirmation. If communication has not been provided by the specified timeframe the order will then be canceled or void. CX Fraud/Loss Prevention Department may require specific information in order to verify order validity. If this request is declined by the customer the order will then be canceled or void.

RAKUTEN (PREVIOUSLY EBATES)

Layla® customers who are also members of the RAKUTEN platform that choose to purchase Layla® products with the intention of receiving RAKUTEN ‘cash back’ benefits must use the exclusive coupon code displayed on www.rakuten.com for Layla®. Customers with a RAKUTEN account that purchase Layla® products from www.laylasleep.com using any other coupon than the RAKUTEN issued coupon code are ineligible for any ‘cash back’ benefit from RAKUTEN. RAKUTEN ‘cash back’ benefits do not apply to Layla Sleep® products purchased through Amazon or any other platform other than www.laylasleep.com. Layla Sleep® Inc is not responsible financially for customers who don’t receive ‘cash back’ benefits from RAKUTEN.

MATTRESS MATERIALS STATEMENT

Per federal regulations, all Layla mattresses are made using a fire retardant sock surrounding the internal components of the mattress. This fire retardant sock is a mandated design element required to be present in mattresses sold in the USA as a safety measure to prevent the spread of fire through the mattress product, should a fire occur. Fire retardant socks fitted on Layla mattresses are manufactured using a material containing gel-encapsulated fiberglass. As such, you should not lay on the mattress, move, or flip the mattress without the removeable cover installed on the mattress. Layla is working towards implementing a "fiberglass free" fire retardant sock on all mattresses by 2025.

Update: The following models have transitioned to a fiberglass-free, fire retardant sock:

  • 9/5/2024: Layla Memory Foam Mattress Size Twin XL
  • 9/23/2024: Layla Memory Foam Mattress Size Queen
  • 9/30/2024: Layla Memory Foam Mattress Size Full
  • 10/9/2024: Layla Hybrid Mattress Size King
  • 10/17/2024: The Essential by Layla Sizes Twin XL, Queen, and Cal King
  • 10/24/2024: Layla Memory Foam Mattress Size King
  • 10/25/2024: The Essential by Layla Size King
  • 11/13/2024: Layla Memory Foam Mattress Size Twin
  • 11/25/2024: The Essential by Layla Size Full
  • 11/26/2024: Layla Hybrid Mattress Size Queen
  • 12/2/2024: Layla Memory Foam Mattress Size Cal King
  • 12/9/2024: Layla Hybrid Mattress Size Twin XL
  • 12/13/2024: Layla Hybrid Mattress Size Cal King
  • 3/26/2025: Layla Hybrid Mattress Size Twin
  • 4/21/2025: Layla Hybrid Mattress Size Full

GOVERNING LAW

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Connecticut, United States, without giving effect to any principles of conflicts of law.

YOU AND LAYLA® 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.

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, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

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 Section. (The AAA Rules are available at adr.org 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.

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.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR LAYLA® WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN 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.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes.

If you do not agree to any of this Agreement or any changes to this Agreement, cease any use of the Site immediately.

NOTICES

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.

To Us: To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to 157 Church Street Suite 1972, New Haven CT 06510. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile 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.

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.

ENTIRE AGREEMENT

These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

CONTACT US

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

The Layla mobile message service (the "Service") is operated by Layla Sleep (“Layla”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Layla’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Layla through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Layla. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18337391320 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Layla mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18337391320 or email support@laylasleep.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.