Guarantee – Orbit™ Blanket
1.1 Simba guarantees to replace any Orbit™ Blanket which exhibits a material defect and falls within the scope of the below guarantee within 1 years of it being delivered to you.
1.2 This guarantee and the duration of it may be subject to limitation or invalidity in accordance with clause 4 and 5 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 11 of the Simba Sleep Limited 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 relates to the Orbit™ Blanket in the UK and not to any other goods sold by Simba or its authorised retailers.
2.3 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 Orbit™ Blanket, or it is otherwise transferred, the subsequent owner accepts the Orbit™ Blanket ‘as is’, including all faults, with no guarantee in respect of them.
This guarantee may be invoked where your Orbit™ Blanket exhibits one or more of the following defects due to faulty workmanship or materials.
3.1 Any physical flaws in the Orbit™ Blanket which causes the materials or stitching to split open, rip, tear or otherwise fail despite proper handling. For the avoidance of doubt, this means an open gap, split, rip, or tear, and does not include seam slippage.
3.2 Where the defect relates to the cover of the or the inner of the Orbit™ Blanket alone, we are only obliged to replace the cover or inner respectively, rather than the entire Orbit™ Blanket.
3.2 Any other material defects in the materials or workmanship which are not attributable to the Orbit™ Blanket 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 complaint is related to the weight of the blanket, other than in respect of the weight of the blanket not being as advertised.
4.3 Where the fault complained of is based on normal wear and tear which could reasonably be expected to result from the Orbit™ Blanket being used in accordance with our instructions.
4.4 Where the fault is the result of any kind of accident, abuse, negligence or willful damage to the Orbit™ Blanket howsoever caused.
4.5 Where the Orbit™ Blanket is in a soiled or in an unsanitary condition.
4.6 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.
4.7 Any material manufacturing defect in relation to the zip.
4.8 Where any indirect or consequential damage which occurs as the result, directly or indirectly, of use of the Orbit Blanket, is relied upon as a basis for a claim.
This guarantee is automatically invalidated in the following circumstances.
5.1 Where the Orbit™ Blanket 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 Orbit™ Blanket without consent or attempts to clean the Orbit™ Blanket with improper cleaning products or techniques (specifically noting that the inner component of the Orbit™ is not advertised as being washable).
5.3 Where the Orbit™ Blanket is sold by anyone other than Simba Sleep Limited or an authorised retailer.
5.4 Where the Orbit™ Blanket’s inner is not securely attached by its respective 8 tabs to the respective 8 loops the Orbit™ Blanket’s cover when in use or storage.
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 original point of sale of the Orbit™ Blanket ie replacements for any Orbit™ Blanket purchased on our website should be claimed directly from us by emailing email@example.com and replacements for defective Orbit™ Blankets purchased through an authorised retailer should be claimed through that authorised retailer.
6.3 Upon seeking to claim under this guarantee Simba may ask you to supply at least 3 photographs of the faulty Orbit™ Blanket. These photographs will be used to determine whether a replacement is necessary. Simba is the sole arbiter of whether a Orbit™ Blanket is faulty and qualifies under this guarantee. Failure to send photographs of the fault may result in a replacement being delayed or the Orbit™ Blanket not being replaced. We may also use an independent inspection agent to guide our decision to replace.
6.4 If Simba decides that you are should receive a replacement Orbit™ Blanket 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.