1.1 Simba guarantees to replace any Simba Hybrid Pillow (“Pillow”) which exhibits a material defect and falls within the scope of our 3 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 3 years from that date, save any invalidity which may arise by reason of clause 5.
2.3 This guarantee relates to Simba Pillows 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 Pillow, the subsequent owner accepts the Pillow ‘as is’, including all faults, with no guarantee in respect of them.
This guarantee may be invoked where your Simba Hybrid Pillow exhibits one or more of the following defects due to faulty workmanship or materials.
3.1 Any physical flaws in the Pillow which causes the materials or stitching to split, rip, tear or otherwise fail despite proper handling.
3.1(i) where the defect relates to the cover of the Pillow alone, we are only obliged to replace the cover rather than the entire Pillow.
3.2 Any material manufacturing defect in relation to the zip.
3.3 Any material deterioration which causes the Pillow to have a visible indentation of greater than 25 millimetres when not in use.
3.4 Any other material defects in the materials or workmanship which are not attributable to the Pillow 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 relates to the normal softening of the Pillow over time; attributable to the settling of the materials or otherwise.
4.3 Where the fault complained of is normal wear and tear which could reasonably be expected to result from the Pillow being used in accordance with our instructions.
4.4 Where the fault is the result of any kind of accident, abuse, negligence or wilful damage to the Pillow.
4.5 Where the Pillow is in a soiled or in an unsanitary condition.
4.6 Where the complaint relates to any smell that the Pillow might exhibit.
4.7 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 Pillow 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 Pillow without consent or attempts to clean the Pillow with improper cleaning products or techniques.
5.3 Where the Pillow 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.
6.3 Upon seeking to claim under this guarantee Simba will ask you to supply at least 3 photographs of the faulty Pillow. These photographs will be used to determine whether a replacement is necessary. Simba is the sole arbiter of whether a Pillow is faulty and qualifies under this guarantee. Failure to send photographs of the fault may result in a replacement being delayed or the Pillow 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 Pillow 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 Pillow if you arrange this with us, or you can request a collection label which will allow your Pillow to be collected from a DPD collection point.