Guarantee - Mattress Protector & Duvet
1.1 We guarantee to replace any Simba mattress protector or duvet 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 and duvets 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 or duvet, the subsequent owner accepts those products ‘as is’, including all faults, with no guarantee in respect of them.
3.1 This guarantee may be invoked where your mattress protector or duvet exhibits:
(a) any physical flaws which causes the materials or stitching to split, rip, tear or otherwise fail despite proper handling;
(b) any pre-existing stain, blemish or mark which is reasonably considered to be more than trivial and which is not related to your use or other handling of the products;
(c) any other material defects in the materials or workmanship, which is not attributable to the mattress protector or duvet being treated with a lack of reasonable care.
This guarantee does not apply to your mattress protector or duvet where:
4.1 The complaint relates to personal comfort preferences.
4.2 The fault complained of is normal wear and tear which could reasonably be expected to result from the mattress protector or duvet being used in accordance with our instructions.
4.3 The fault is the result of any kind of accident, abuse, negligence or wilful damage.
4.4 The mattress protector or duvet is in a soiled or in an unsanitary condition.
4.5 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 This guarantee is automatically invalidated where:
(a) The mattress protector or duvet is used (i) for purposes other than its intended purpose (ii) in a manner contrary to our instructions regarding use or (iii) without reasonable care.
(b) You, or an associated person, attempts to alter or repair the mattress protector or duvet without consent or attempts to clean the mattress protector or duvet with improper cleaning products or techniques.
(c) The mattress protector or duvet 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 email@example.com or in writing to: Mezzanine Floor, Southside Building, 105 Victoria Street, London SW1E 6QT accompanied by proof of purchase. Please do not return any products to this address.
6.3 Upon seeking to claim under this guarantee Simba will ask you to supply at least 3 photographs of the faulty mattress protector or duvet. These photographs will be used to determine whether a replacement is necessary. Simba is the sole arbiter of whether a mattress protector or duvet 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 or duvet not being replaced. We may also use our independent inspection agent to guide our decision to replace.
6.4 If Simba decides that you are owed a replacement mattress protector or duvet 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, provided we agree that it falls within the scope of the guarantee.
6.5 For UK claims we will either arrange to collect the mattress protector or duvet from you, or you can request a collection label which will allow your mattress protector or duvet to be collected from a DPD collection point.