Terms of use

Terms of Use

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

The Marble Sleep Company (“Marble”) maintains this website (the “Site”) as a service to Marbles’s customers, and by using the Site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services, or products from this site.

These terms and conditions (the “Terms”) apply to The Marble Sleep Company (“Marble”, “we”, “our”, or “us”)(a) website located at https://marble.sg and all associated sites collectively, the “Sites”) (b) retail locations operated by Marble (“Marble Store”) and (c) any Product (as defined below) that is offered on the Sites, in any Marble Store or by any bona fide third party retailer, online or e-commerce platform or other third party channel (each, a “Third Party Seller”).

Please read these Terms carefully. By (i) visiting, accessing, or otherwise using in any way the Sites or any Marble Store (the “Services”), or (ii) by ordering, purchasing, receiving or using any products or services offered by Marble through the Sites, a Marble Store or a Third Party Seller (the “Products”), you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of the Sites or a Marble Store, without limitation or qualification. If you do not agree to these Terms, you may not access or use the Services or order, purchase, receive, or use the Products. If you have any questions about the Terms, please contact us at support@hellomarble.co.

Our Terms of Use are governed by the Laws of Singapore.

These Terms provide that all disputes between you and Marble relating to these Terms, your use of or access to the Services and/or your order, purchase, receipt or use of the Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small-claims court.

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

Acceptance Of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Agreement”) with respect to the Site. This Agreement constitutes the entire and only agreement between Marble and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on Marble only if agreed in writing by you and an authorized representative of Marble. This Agreement may be amended by Marble at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Use Of Site

By accessing the Site and/or ordering any product, you are agreeing to not use Marble’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Fraud

By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be canceled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by Marble in its sole discretion.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section “Limited Right to Use”, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, Marble does not waive any right in such information and materials.

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Protection of Intellectual Property

If you believe that any product purchased on the Site or any materials accessible on or from this Site has been copied in a way that constitutes copyright infringement, please notify us at support@hellomarble.co, and provide the following information (“Notice”)

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.

Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please note that this procedure is exclusively for notifying Marble that your copyrighted material has been infringed. Upon receipt of your notification, Marble will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.

Editing, Deleting and Modification

Marble reserve the right in Marble’s sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without notice.

Use Of Information

Marble reserves the right, and you authorize Marble, to use and assign all information regarding the use of the Site by you and all information provided by you in any manner consistent with Marble’s Privacy Policy.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Payments

You represent and warrant that if you are purchasing something from Marble that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. Marble does not accept reseller or sales and use tax exemption certificates for online sales.

Title and Loss

Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Marble will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order.

No Resale

Other than as expressly permitted in writing by an authorized representative of Marble, you agree not to resell or exploit for other commercial purposes Products purchased on this Website.

Links to Other Web Sites

The Site contains links to other websites. Marble is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Marble. Inclusion of any linked website on Marble’s Site does not imply approval or endorsement of the linked website by Marble. If you decide to leave Marble’s Site and access these third-party sites, you do so at your own risk.

Submissions

All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to Marble (collectively, “Submissions”) shall be deemed and shall remain Marble’s sole property and shall not be subject to any obligation of confidence on Marble’s part. Without limiting the foregoing, Marble shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Return Policy

Marble’s Return Policy is a part of this agreement.

Return Conditions (Mattresses)

The following conditions apply:

Mattress Returns:

  • You have 100 calendar days from the date of delivery to return your Marble Mattress, but returns must be made after the 30-Night Adjustment period.
  • To start a return, you must fill in the Returns Request Form found on our Returns Page.
  • Once eligibility is confirmed, a customer care representative will help facilitate the process for you
  • To encourage the care of our planet and to reduce environmental waste, size changes are not covered by this return policy

To Be Eligible For A Return

  • Your Mattress must be clean and undamaged
  • Your Return Request form must be submitted within the 100-night trial period and after the 30-night adjustment period
  • Your Mattress must not have been resold
  • Your Mattress is located at the same address as your shipping address
  • Products may not be returned from outside Singapore.

Return Conditions (Adjustable Bed Frames)

The following conditions apply:

Adjustable Bedframe Returns:

  • You have 30 calendar days from the date of delivery to return any of Marble’s series of Adjustable Bed Frames
  • To start a return, you must fill in the Returns Request Form found on our Returns Page.
  • Once eligibility is confirmed, a customer care representative will help facilitate the process for you.
  • To encourage the care of our planet and to reduce environmental waste, size changes are not covered by this return policy

To Be Eligible For A Return

  • Your Adjustable Bed Frame must be clean and undamaged
  • Your Return Request Form must be submitted within the 30-night trial period
  • Your Adjustable Bed Frame must not have been resold
  • Your Adjustable Bed Frame is located in the same address as your shipping address
  • Products may not be returned from outside Singapore.

Order Cancellations

You may cancel an order placed through the Sites or through our helpline at any time prior to shipment.

Fees and payments; shipping; In-home setup

For in-home setup and mattress removal, a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, Marble reserves the right to leave the package at the door.

All mattresses removed using Marble’s in-home setup must be in a sanitary condition. In-home setup fees and payment processing fees are final and will not be refunded in the event you return any of the Products.

Verify Address

Marble reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from Marble.

Order Modification/Rejection

Marble reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, Marble will issue a credit to your credit card account for the amount rejected.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL MARBLE OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING MARBLE’S SERVICES AND PRODUCTS BE LIABLE 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 MARBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold Marble and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.

Last Update: Jan 12th, 2022

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