1.1 Simba Guarantees to replace any Simba bed base (Simba Base, Adjustable base or Upholstered Bed with Headboard) which exhibits a material defect and falls within the scope of our 1 year guarantee as set out below.
2.1 This guarantee is in addition to, and does not affect, your basic statutory rights in relation to faulty goods as set out in clause 10 of our Terms and the Consumer Rights Act 2015 for UK customers. Where you are resident in a foreign (non-UK) jurisdictions you may also benefit from the local mandatory consumer laws of that jurisdiction.
2.2 This guarantee is effective from the date of delivery and expires 1 year from that date, save any limitation which may arise by virtue of clause 4.
2.3 This guarantee relates to bed bases only and not to any other goods sold by Simba or its authorised retailers.
2.4 This guarantee is for your benefit, as the original purchaser, only and is not transferable to any other person. If you sell or otherwise relinquish ownership of the bed bases, the subsequent owner accepts the product ‘as is’, including all faults, and will not be able to benefit from this guarantee.
Scope of Guarantee
3. This guarantee may be invoked where your Simba bed base exhibits one or more of the following material defects due to faulty workmanship, materials or components:
3.1 Structural issues relating to the frame, slats, head board or otherwise, including but not limited to bent or mis-shapen parts; missing parts; parts which do not fit together properly or any other bar to assembly which can not easily be remedied by you. In the case of missing or defective parts we reserve the right to replace only those parts which are missing or defective where it is possible to do so.
3.2 Any rip, tear, split or preexisting mark to the fabric or upholstery which is not attributable to your use or handling of the bed base.
3.3 In the case of the adjustable bed base, where there are defects to the motor. Such faults are guaranteed for 2 years. All other parts and faults remain subject to the ordinary 1 year guarantee.
4. This guarantee does not apply where one or more of the following circumstances apply:
4.1 the fault complained of is normal wear and tear which could reasonably be expected to result from the bed base being used in accordance with our instructions;
4.2 where the bed base is used handled or otherwise dealt with in a manner which lacks reasonable care
4.3 the fault is the result of any kind of accident, abuse, negligence or wilful damage;
4.4 where you attempt to alter or repair the bed base without consent.
4.5 where the bed base is sold by anyone other than Simba Sleep Limited or an authorised retailer.
4.6 the fault is the result of a force majeure or act of nature beyond our control, including but not limited to fires, floods or natural disasters;
5.1 Any claim under this guarantee must be received within 30 days of actual discovery by you, or when you ought reasonably to have discovered the defect.
5.2 Claims should be made to the retailer of purchase or directly to Simba by email to email@example.com or in writing to Mezzanine Floor, Southside Building, 105 Victoria Street with proof of purchase attached. Please do not return any products to this address.
5.3 Upon seeking to claim under this guarantee Simba will ask you to supply photographs of the entire bed base and any visible faults claimed. These photographs will be used to determine whether a replacement is necessary. Simba is the sole arbiter of whether a bed base is faulty and qualifies under this guarantee. Failure to send sufficient quality or quantity of photographs of the fault may result in a replacement being delayed or the bed base not being replaced. We may also use our independent inspection agent to guide our decision to replace.
5.4 If Simba decides that you are owed a replacement bed base the replacement will be delivered to you by our standard delivery method at no cost to you.
5.5 Simba will either collect the faulty bed base upon delivery of the replacement, provided the collection address is in the country of purchase, or if agreed, arrange for you to return the bed base to us.