Terms & Conditions

These Terms and Conditions apply to the website and all other online properties (the “Website”) operated by Aya Inc., a Toronto, Ontario, Canada corporation (“Aya”, “we”, or “us”) and any other terms referred to herein (collectively the “Terms and Conditions”) apply between you and Aya when you order or purchase any Aya mattresses (“Mattresses”), furniture (“Furniture”), (collectively, the “Products”) from Aya.

Every time you order or purchase Products from Aya, the Terms and Conditions in force at that time will apply between you and Aya. We reserve the right to change the Terms and Conditions at any time without notice, effective upon their posting on this page. Please review the Terms and Conditions prior to placing an order or making a purchase from Aya.

THIS IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. BY ORDERING OR PURCHASING PRODUCTS FROM Aya, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OR DO NOT ACCEPT ANY PART OF THEM, YOU MAY NOT PLACE AN ORDER OR MAKE ANY PURCHASE FROM Aya.

1. Use

You acknowledge and agree that your access to, and use of, the Website provided by Aya, is subject to the applicable Terms and Conditions, including, inter alia: (i) the Terms and Conditions, the Limited Warranty, the Privacy Policy, and any rules, restrictions, limitations, terms, and/or conditions that may be posted or otherwise communicated to you; and (ii) any applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions.

2. Privacy

Your use of this website is governed by our Privacy Policy. Please visit this page for information on how Aya collects, uses, and discloses information we receive from you.

You acknowledge and agree that, in order to process your order and/or purchase, Aya may provide your order and/or purchase information to third parties to assist in fulfilling and/or delivering your order and/or purchase.

3. Electronic Communication

You are communicating with Aya electronically when you use the Website or send email to Aya.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Eligibility

No part of the Website is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER.

If you are using the Website on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of the Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these on behalf of that Organization.

5. Return/Refund Policy

Return Conditions

The following conditions apply to all product returns.

All products must be in a donatable condition to be eligible for a return (e.g. no stains, tears, or other soiling, including odors).

In order to be eligible for a return/refund, return requests must come from an address that matches the country in which the product was purchased.

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 Trial Periods on subsequent orders of that particular Product (e.g. if you return a Pillow, you will not be eligible for the applicable Trial Period on future Pillow orders).

Customers may only return a maximum of two (2) of each particular Product, validated by a customer name or shipping address (i.e. We want you to try our products first - this avoids needless waste!)

Should you wish to return a product bought through a Aya authorized retailer, you must approach the retailer directly with proof of purchase. For returns, products must adhere to the parameters set forth by the retailer as stated in their policy.

If you receive an item that is offered during a promotion (for example, a “Buy One, Get One Free” promotion) and choose to return the item or order that earned you the free item, you must also return the free item. (For example, if we have a “Buy One, Get One Free” promotion on pillows and you choose to return the purchased pillow, you must also return the free pillow you received).

Refunds will be issued within two business days after the returning product has been received. Refunds are applied to the original form of payment used for the original purchase. Refunds can take up to 14 business days to be reflected on your financial records.

Mattresses - Every Mattress comes with the 100 night guarantee which begins on the date your Mattress is delivered. To initiate a return, contact us by sending an email to info@ayamattress.com including your order confirmation number and reason for return. In order to be eligible for a return, you must provide 3 business days where you will be available for the pickup of the Mattress and these dates must be within two weeks of when you first initiated the return. Any requests received beyond 100 days will not be eligible for return. Aya requires that a customer sleep on the Mattress for a 30 night period to allow the customer adequate time to adjust to the qualities of the new Mattress and properly gauge their satisfaction. The pick-up or removal of the Mattress is free. The customer must be available on the date of pick up in order to qualify for full refund. Reimbursements will not be made for customers who schedule their pickup separately. Return requests for an address that is outside of the country the Mattress was purchased will not be accepted or eligible for return/refund. Products must be in donatable condition to be eligible for return (e.g., no stains, tears or other soiling including odors).

On pickup day, the mattress must be ready on the ground floor of your house or apartment/condo building and located near the entrance and easily accessible by the pickup crew.

Custom Mattresses - Custom Mattresses are not eligible for returns or exchanges. All Custom Mattress purchases are final sale.

Furniture - Furniture can be returned within 30 days of receipt, as long as the bed frame is in its original packaging and box, and in donatable condition (e.g. all pieces of the bed frame are included, no stains, tears, or other soiling including odors). You are responsible for covering the full cost of the return shipment.

Provided the product is in a donatable condition, we will process the refund once we have received the product back at our facility. To initiate a return for Mattresses, or Furniture, contact us by sending an email to info@ayamattress.com including your order confirmation number and reason for return and we will help you coordinate the return shipping.

The Aya warranty extends to any official products purchased from Aya directly, or any of its authorized retailers. Should you wish to submit a warranty or defect claim on a product bought from an authorized Aya retailer, you must contact the retailer directly with proof of purchase before Aya can begin investigating the claim. At which point, you will be subject to the regular processes and regulations as outlined in our “Warranty” section.

Defects - Customers must report all cosmetic defects to us within seven days of receiving their order. Any defect reports received will be up to our discretion, and documented proof of cosmetic defects must be provided with the report to be eligible for compensation.

6. Order Cancellations

Aya processes orders for shipping within 12 hours of the purchase during weekdays and on the first business day after a weekend. To cancel your order, please contact us as soon as possible to stop your order before it ships. We will try our best to cancel your order before it ships but cannot guarantee this.

If you change your mind while your order is in transit, contact us, refuse delivery and request that the item be “returned to sender”.

Refunds will be completed as described in the Return/Refund Policy.

7. Delivery Disputes

Aya is not liable for any damage to property caused by a third-party during the delivery of your order. Aya will not be liable for any orders missing during the delivery process.

8. Copyright, Trademarks and Other Intellectual Property

All content included in or made available through Aya, Products and/or the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Aya or our content suppliers. This material is protected by United States, Canadian and International copyright laws. All of the content included in or made available through www.ayamattresses.ca is exclusive and protected by U.S., Canadian and International copyright laws.

“Aya”, “Aya” and related icons and logos are trademarks or service marks (collectively the “Marks”) of Aya and are protected under applicable copyright, trademark and other proprietary rights law. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Aya is the sole owner or lawful licensee of all the rights and interests of the Website www.ayamattresses.ca. Aya has intellectual property rights protected under the worldwide patent, copyright and other laws. You agree not to infringe any or all of the title, ownership and intellectual property rights of Aya. You hereby indemnify Aya to the extent of any breach of intellectual property rights by or through your use of www.ayamattresses.ca. All rights not otherwise claimed under the Terms and Conditions or by Aya are hereby reserved.

Aya respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@ayamattress.com.

9. Limited License and Website Access:

We grant you a limited license to use the Website 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 Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Website 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 Website (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 Website or to collect any information from the Website or any other user of the Website.

10. Disclaimers

ANY PRODUCT PURCHASED FROM Aya IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY. WITHOUT LIMITING THE FOREGOING, ANY PRODUCT PURCHASED FROM Aya IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF COMPLETENESS, OR OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU MAY CHOOSE WHETHER TO MAKE A CLAIM UNDER THE TERMS AND CONDITIONS OR THE LIMITED WARRANTY OR BOTH, BUT YOU MAY NOT RECOVER TWICE IN RESPECT OF THE SAME LOSS. TO INITIATE A CLAIM UNDER THE LIMITED WARRANTY, YOU SHOULD CONTACT info@ayamattress.com.

11. Limitation of Liability

Nothing in the Terms and Conditions, and in particular within this limitation of liability provision, shall attempt to exclude or limit liability that cannot be excluded under applicable law. Without limiting the foregoing, the following is not intended to limit the application of section 10 of the Quebec Consumer Protection Act, if such section is otherwise applicable. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL: (I) Aya, OR OUR AFFILIATES, OUR OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO PRODUCTS, EVEN IF Aya KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) Aya’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO Aya FOR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

12. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions or any other agreement if such failure is caused by an act or event beyond our reasonable control, including, without limitation, an act of God, strike, lock-out or other industrial action by a third party, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic, natural disaster, failure of public or private telecommunications network, or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.

13. Severability

If any provision of the Terms and Conditions is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

14. Waiver

Failure or delay by us to enforce the Terms and Conditions or any provision thereof will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

15. Right to Update and Revise

Aya reserves the right to change, modify, add or remove portions of this Terms and Conditions at any time and from time to time, without prior notice to you. However, Aya will treat your continued use of the Website following such revision as your acceptance of the revised terms.

16. Termination

Aya may terminate this Terms and Conditions at any time, with or without notice, for any reason.

17. Entire Agreement

Except as otherwise stated herein, the Terms and Conditions constitute the entire and exclusive understanding and agreement between Aya and you with respect to your order and/or purchase of Products from Aya, and supersedes any other agreements or discussions, oral or written.

18. Applicable Law

You agree to comply with all applicable laws, ordinances and regulations regarding your use of and your purchase of products and/or services through the

Website. Any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the Terms and Conditions or Aya shall be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial and federal courts in or for Toronto, Ontario, Canada for the purpose of all such claims, disputes, actions, causes of action, issues, or requests for relief.

19. Orders

After we receive your order and payment, we will send you an order confirmation via email.

Please carefully review all information included in both the order confirmation and the receipt and notify us of any changes or corrections as soon as possible.

Your receipt of an order confirmation and/or a receipt does not signify Aya’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order and/or payment.

Aya reserves the right at any time after receiving your order and/or payment to accept or decline your order for any reason. If Aya cancels an order after you have paid for the order (in part or in whole), Aya will refund the amount paid.

Once placed you may not cancel your order except by emailing info@ayamattress.com immediately after placing it.

Orders subject to promotional pricing will be fulfilled and honoured only while supplies last.

All final sale, clearance, and last chance items are ineligible for returns or any additional discounted pricing.

20. Availability

Given the popularity and/or supply constraints of the Products, Aya may limit the number of Products available for purchase. There may be occasions when Aya confirms and/or accepts payment for your order but subsequently learns that we cannot supply the ordered Products. In the event, we cannot supply Products you ordered, Aya will cancel the order and refund your payment in full.

21. Price

All prices are in Canadian dollars or U.S. dollars unless otherwise expressly stated in writing. Aya reserves the right to change the prices and specifications of the Products at any time without prior notice, and to correct pricing errors that may inadvertently occur.

22. Title

Risk of loss and title for Products purchased from Aya pass to you upon delivery of such Products (by Aya or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

23. Questions

If you have any questions or concerns regarding the Website or the Terms and Conditions, please contact us via email at info@ayamattress.com.