Mattress Protector 1 Year Guarantee
1.1 Simba guarantees to replace any Simba Mattress Protector 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 the main Terms, and in the Consumer Rights Act 2015. If you are resident in a non-UK jurisdictions you will also benefit from the local mandatory consumer protection laws in that jurisdiction.
2.2 This guarantee is effective from the date of delivery and expires 1 year from that date, save any invalidity which may arise by reason of clause 5.
2.3 This guarantee relates to Simba Mattress Protectors 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 Mattress Protector, the subsequent owner accepts the Mattress Protector ‘as is’, including all faults, with no guarantee in respect of them.
3.1 This guarantee may be invoked where your Mattress Protector exhibits any physical flaws which cause the materials or stitching to split, rip, tear or otherwise fail despite proper handling; or
3.2 Where your mattress protector exhibits any other material defects in the materials or workmanship, which is not attributable to the Mattress Protector being treated with a lack of reasonable care.
This guarantee does not apply where one or more of the following circumstances apply.
4.1 Where the complaint relates to comfort preferences.
4.2 Where the fault complained of is normal wear and tear which could reasonably be expected to result from the Mattress Protector being used in accordance with our instructions.
4.3 Where the fault is the result of any kind of accident, abuse, negligence or wilful damage to the Mattress Protector.
4.4 Where the Mattress Protector is in a soiled or in an unsanitary condition.
4.5 Where 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.
This guarantee is automatically invalidated in the following circumstances.
5.1 Where the Mattress Protector is used; for purposes other than its intended purpose; in a manner contrary to our instructions regarding use; or without reasonable care.
5.2 Where you, or an associated person, attempts to alter or repair the Mattress Protector without consent or attempts to clean the Mattress Protector with improper cleaning products or techniques.
5.3 Where the Mattress Protector is sold by anyone other than Simba Sleep Limited or an authorised retailer.
6.1 Any claim under this guarantee must be received within 30 days of actual discovery of the defect, or when you ought to have discovered it.
6.2 Claims should be made to the retailer of purchase or directly to Simba by email to firstname.lastname@example.org or in writing to: Mezzanine Floor, Southside Building, 105 Victoria Street, London SW1E 6QT accompanied by proof of purchase.
6.3 Upon seeking to claim under this guarantee Simba will ask you to supply at least 3 photographs of the faulty Mattress Protector. These photographs will be used to determine whether a replacement is necessary. Simba is the sole arbiter of whether a Mattress Protector is faulty and qualifies under this guarantee. Failure to send photographs of the fault may result in a replacement being delayed or the Mattress Protector not being replaced. We may also use our independent inspection agent (HomeServe) to guide our decision to replace.
6.4 If Simba decides that you are owed a replacement Mattress Protector the replacement will be delivered to you by our standard delivery method at no cost to you within 7 days of receipt of the of the photographs evidencing the defect.
6.5 In the case of UK claims we will collect the faulty Mattress Protector upon delivery of the replacement.
6.6 In the case of any other claims the Mattress Protector should be sent back to us, in its original packaging or suitable alternate packaging, in accordance with clause 6 of the main terms. We will then ship the replacement following our receipt of your photographs or the returned Mattress Protector itself, provided we agree that the defect merits a replacement Mattress Protector.