Current Policy: March 21, 2022

Welcome to the Charles P. Rogers & Company, Inc. (“Charles P. Rogers”) website (“the Site,” “we,” “us,” or “our”). Charles P. Rogers provides the Site in order to enable you to browse and purchase Charles P. Rogers decorative beds, mattresses and accessories. The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, please do not use this Site in any way. If you have any questions about the Terms, please contact us at info@charlesprogers.com.

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.

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.

ELIGIBILITY

By using the site, you affirm that you are at least 18 years of age, have your parent’s or legal guardian’s permission to use the Site, or are an emancipated minor. The Site is not intended for users under the age of 13. If you are under the age of 13, please do not use the Site.

COPYRIGHT

Images of people, places and/or products posted on this Site are either the property of Charles P. Rogers 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), “Charles P. Rogers Content”) is the property of Charles P. Rogers 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 Charles P. Rogers 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 info@charlesprogers.com.

TRADEMARKS

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Charles P. Rogers, 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 Charles P. Rogers, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

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.

ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS

You represent and warrant that the information you provide to Charles P. Rogers 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 are required to create an account by providing an e-mail address and password. 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 Charles P. Rogers by e-mail to info@charlesprogers.com. You will be solely responsible for the losses incurred by Charles P. Rogers and others due to any unauthorized use of your account.

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.

Shipping. When you place an order for Products through the Site, the Products will be shipped to the address you designate as the “Shipping Address” during the check-out process. We fully insure each order until the point of delivery to your Shipping Address.

PRODUCT SPECIFICATIONS & PRICING

Charles P. Rogers makes every effort to accurately display Products on the Site. However, displayed colors may depend upon the quality of a user’s monitor, and Charles P. Rogers cannot guarantee that a user’s monitor will accurately display the color of the products. In addition, minor variances in size and shape may occur, as our products are handmade to order.
Charles P. Rogers is not responsible for typographical errors regarding price, and prices are subject to change at any time.

WARRANTY AND RETURNS

SHIPPING DAMAGE
For any issue regarding decorative beds, including damage in shipping or missing hardware, please contact our customer service team immediately.

100 DAY COMFORT TRIAL
100 Day Comfort Trial lets you exchange your mattress for a different model of the same size, or return it for a refund. Applies to St. Regis Latex, St. Regis Memory Foam, Biltmore, Estate Classic Firm, Estate 5000 Cushion Firm, Estate 5000 Plush, Estate 5000 Plus, Estate SE, and Estate SE-GL models.
A) 100 Day Comfort Trial requires you to try your mattress for 30 days from the receipt of the mattress. The Powercore spring units in our mattresses are designed to keep your body in natural alignment and provide long lasting comfort. As a result, it may require some time for your body to adapt to the proper support. If you are still not satisfied after 30 days, you may return it for a refund.
B) You must unbox the mattress within 14 days of receipt.
C) Guarantee is limited to one return mattress or exchange per household, per year.
D) Returns that fall under the comfort exchange policy are subject to a $199 recycling fee. Refunds are issued AFTER the mattress is received in clean and undamaged condition.
E) Delivery and setup service fees are non refundable on all purchases. Orders canceled in-transit are subject to a 20% shipping fee.

LIFETIME MATTRESS COMFORT GUARANTEE

Lifetime Mattress Guarantee lets you exchange the cassette(s) of your Lifetime mattress to achieve your desired feel. Applies to Lifetime 8, Lifetime 9, Lifetime 10.
A) The Lifetime Mattress Guarantee requires you keep your cassette(s) for 30 days from the receipt of the mattress. The Powercore spring units in our mattresses are designed to keep your body in natural alignment and provide long lasting comfort.
B) You must unbox the mattress within 14 days of receipt.
C) Guarantee is limited to two cassette replacements within a 365 day period after receipt of mattress. Defective mattress units will be repaired or replaced at no charge. 100 day comfort trial does not apply to Lifetime 8-9-10 models.

ALL OTHER RETURNS

• The 100 Day Mattress Comfort Exchange does not apply to decorative beds, foundations, adjustable bases or accessories.
• Decorative beds and bed linens are non refundable once opened. For any issue regarding decorative beds, including damage in shipping or missing hardware, please contact our customer service team.
• To return an UNOPENED piece of furniture, sheets, mattress protector, or encasement, you must contact us within 10 days of receipt. Returns are subject to a 20% restocking fee, including refusal of delivery.
• Delivery and setup service fees are non refundable on all purchases.
• Items In Transit. Cancellation of orders that have been shipped are subject to a 20% shipping fee.

For more detailed information on exchanges and returns please see our website: https://www.charlesprogers.com/returns.html

SIX MONTH PRICE GUARANTEE - We will hold prices for 6 months before delivery must be made, after that time a store credit will be issued.

SPECIAL ORDERS/CLEARANCE ITEMS/FLOOR SAMPLES/ANTIQUES - These items are sold as is and are non-refundable/non-returnable. Special orders require a 50% non-refundable deposit at the time the order is placed and must be delivered when the item is ready.

GIFT AND OFFER CODES

From time to time, Charles P. Rogers may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on charlesprogers.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Charles P. Rogers in its sole discretion. Only valid offer codes provided or promoted by Charles P. Rogers will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Charles P. Rogers (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Charles P. Rogers is non-transferable and valid for single use on an item (or items) of merchandise as determined by Charles P. Rogers. 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. Charles P. Rogers 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.

USER SUBMISSIONS

Charles P. Rogers strives to create an interactive relationship with the members of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Charles P. Rogers on or by this Site shall be and remain Charles P. Rogers property. Users assign all property rights and interests to Charles P. Rogers allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Charles P. Rogers shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.

Monitoring. Charles P. Rogers has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Charles P. Rogers has no obligation to display or post any content. Charles P. Rogers, subject to the Privacy Policy referenced above, 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. Charles P. Rogers shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Charles P. Rogers or any other party.

LINKS TO OTHER WEBSITES

The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

USE OF THE SITE

You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not: - attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site; - frame or link to the Site without permission; - use data mining, robots, or other data gathering devices on or through the Site; - post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; - disclose personal information about another person or harass, abuse, or post objectionable material; - sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent; - post advertising or marketing links or content, except as specifically allowed by these Terms; - use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Charles P. Rogers or others; or - access the Site from a jurisdiction where it is illegal or unauthorized.

DISCLAIMER

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Charles P. Rogers of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.

We make no promises and disclaim all liability of specific results from the use of the Site.

Released Parties Defined. “Released Parties” include Charles P. Rogers and its affiliates, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Charles P. Rogers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF Charles P. Rogers CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Charles P. Rogers Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.

TERMINATION

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME

From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes. Your use of our website constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its terms.

WAIVER

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

SEVERABILITY

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the user and Charles P. Rogers with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.