SIMBA BED FRAME – 10 YEAR GUARANTEE
1.1 This Guarantee applies to every Simba Bed Frame purchased in the UK only, and not to any other products purchased from Simba, its authorised retailers, or any other merchant.
1.2 Subject to any pause in accordance with clause 3.7, this Guarantee is effective from the date your Bed Frame is delivered and expires;
1.2.1 2 years from that date in respect of the Bed Frame’s fabric covering; and
1.2.2 10 years from that date in respect of the structure of the Bed Frame.
1.3 This Guarantee is for your benefit as the original purchaser only and is not transferable to any other person. If you sell or transfer the Bed Frame, or by any other means relinquish ownership of the Bed Frame, the subsequent owner accepts the product ‘as is’, including all faults, and has no right to claim under this Guarantee.
1.4 This Guarantee is in addition to, and does not affect, your statutory rights in relation to defective products as set out in clause 11 of our Terms, the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any other relevant consumer protection legislation from time to time in force in the UK.
1.5 Componentry of any Bed Frame other than the fabric covering of the Bed Frame, or the wooden structure on which the Bed Frame is built (including, but not limited to, filling between a fabric cover and the wooden structure of the Bed Frame) is not within the scope of this Guarantee.
2.1 Subject to clause 3, you may seek to claim a replacement Bed Frame under this Guarantee where
2.1.1 the Bed Frame’s wooden structure (distinct from any fabric covering or other componentry) exhibits a manufacturing defect within 10 years of the date of delivery, as determined by Simba’s independent inspection agent; or
2.1.2 where the Bed Frame exhibits a defect to the fabric covering the frame structure (distinct from any other componentry or the wooden structure), within 2 years of the date of delivery, as determined by Simba’s independent inspection agent.
3.1 Any claim under this Guarantee must be received within 30 days of the date you actually discovered the defect, or the date you ought reasonably to have discovered the defect, whichever is earlier.
3.2 Claims should be made to the original point of sale of the Bed Frame. For example, replacements for Bed Frames exhibiting manufacturing defects purchased on our website should be claimed directly from us by emailing email@example.com.
3.3 Upon seeking to claim under this Guarantee, Simba will require that your Bed Frame is inspected in person by our independent inspection agent. Where you decline to facilitate this we shall be entitled to reject your claim. Our independent inspection agent is the sole arbiter of whether a Bed Frame is faulty and qualifies for a replacement under this Guarantee.
3.4 If Simba’s independent inspection agent decides that you may receive a replacement Bed Frame, the replacement will be delivered to you by our standard delivery method at no cost to you within 30 days of your claim being accepted.
3.5 Simba will either collect the faulty Bed Frame 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 Frame to us. You may be required to disassemble the Bed Frame to facilitate the collection. Before you commence disassembly, please see our general Terms, specifically Clauses 9.11 and 9.12, at https://simbasleep.com/pages/terms for more information.
3.6 Simba may replace a Bed Frame under this Guarantee a maximum of two times per order/customer. Any subsequent claim sought to be made under this Guarantee will, if accepted by Simba (in accordance with this clause 3), be honoured by way of a refund rather than another replacement. Simba reserves the right to deduct amounts from the value of such refund to account for use made of the product prior to any defect arising, assessed with regard to the time which elapsed between the delivery date of the Bed Frame and the date of the claim. Simba is the sole arbiter regarding the amount of any such deduction.
3.7 Where a claim is made under this Guarantee, its duration will be paused until either (i) the claim is rejected by Simba’s independent inspection agent or (ii) the claim is accepted by Simba’s independent inspection, and a replacement Bed Frame has been delivered by Simba. Upon the occurrence of either of the aforementioned events the duration of the Guarantee shall continue to run from the point at which it was paused until it expires in accordance clause 1.2.
3.8 Simba reserves the right to charge you for any costs associated with delivering or collecting your replacement Bed Frame pursuant to this guarantee where such replacement is delivered more than 5 years after the delivery date of the Bed Frame, subject to any pauses in accordance with clause 3.7.
This guarantee for Bed Frames applies to all Bed Frames ordered on or after 20 September 2021.