SIMBA BED FRAME – 10 YEAR GUARANTEE

1. General

1.1 This Guarantee applies to every Simba Bed Frame purchased as new 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, where applicable; and

1.2.2 10 years from that date in respect of the structure of the Bed Frame.

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1.3 Componentry of any Bed Frame other than, where applicable, the fabric covering of the Bed Frame, any piston assembly, or the wooden structure of the Bed Frame (including, but not limited to, filling between a fabric cover and the wooden structure of the Bed Frame) are not within the scope of this Guarantee. Refer to the details set out at 2.1 for further information.

1. Scope

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 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;

2.1.2 where the Bed Frame exhibits a manufacturing 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;

2.1.3 where applicable, where the Bed Frame exhibits a manufacturing defect in the piston assembly, within 2 years of the date of delivery, as determined by Simba’s independent inspection agent.

2.1.4 The table at this clause 2.1.4 sets out the materials covered on a “by Product type” basis for clarity. If, due to our commitment to continuous improvement, a Bed Frame is not listed here, please contact us via hello@simbasleep.com for clarification.

2.1.5 Bed Slat Bases referred to as “Flex” used in Orion beds are subject to separate guarantee terms, refer to Simba’s Terms for more information.

1. Claims

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 hello@simbasleep.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, 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.

1.  How this Guarantee applies and to whom

4.1 This Guarantee must be read in conjunction with, and interpreted subject to, Simba’s Terms.

4.2 The terms, conditions, and rules of any other retailer who sold you Simba Products, or the terms, conditions, or rules of any other platform via which you purchased Simba Products from Simba directly, may also apply in addition to Simba’s Terms, under which this Guarantee may apply.

4.3 This Guarantee is for the benefit of the original end user consumer purchaser only and is not transferable to any other person. If you sell or transfer the Product to which this Guarantee may otherwise apply, or by any other means relinquish ownership of the Product to which this Guarantee may otherwise apply, the subsequent owner necessarily accepts the Product ‘as is’, including all faults, and has no right to claim under this Guarantee.

4.4 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, if you are an end user consumer.

4.5 This Guarantee is available to end user consumer purchasers, solely and strictly for domestic use.

4.6 Our list of authorised retailers for the purposes of this Guarantee is subject to change. You should contact us by emailing hello@simbasleep.com to confirm whether a particular retailer is authorised to offer you this Guarantee before purchasing.

4.7 This Guarantee applies in respect of the Products listed in it ordered on or after 16 November 2023. Alternate wordings of any previous Guarantee may apply to Products ordered by you prior to this date.