We agree to replace any Simba Hybrid Mattress Topper which falls within the scope of our one year guarantee in accordance with the terms and conditions below (the “Guarantee”).
1.1 This Guarantee applies to each and every Simba Hybrid Mattress Topper (a “Topper”) purchased in the UK only, and not to any other products purchased from Simba; its authorised retailers, or any other vendor.
1.2 Subject to any invalidity which may arise by virtue of clause 3, this Guarantee is effective from the date your Topper is delivered and expires 365 days from that date.
1.3 This Guarantee is for your benefit as the original purchaser only and is not transferable to any other person. If you sell or transfer the Topper, or by any other means relinquish ownership of the Topper, the subsequent owner accepts the Topper ‘as is’, including all faults, and has no right to claim under this Guarantee.
1.4 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.
2.1 Subject to clause 3 and 4, you may claim a replacement Topper under this Guarantee where your Topper exhibits one or more of the following material defects:
(a) the surface of the Topper has a visible indentation or dip of greater than 7mm millimetres compared to the surrounding Topper area;
(b) the foam has split, cracked, torn or otherwise failed to retain its structural integrity;
(c) any material manufacturing defect affecting the zip causing it to malfunction, such that the interior components of the Topper become exposed;
(d) any material manufacturing defect affecting the cover of the Topper, which causes it to rip, split or tear; and/or
(e) another material defect or combination of defects in the materials or workmanship which is not attributable, in Simba’s opinion, to the Topper being treated with a lack of reasonable care and does not fall within clause 3.
3.1 We reserve the right not to honour claims under this Guarantee at our discretion, in circumstances, which include, but are not limited to, the following:
(a) the fault complained of relates to the normal softening of the Topper with age, whether attributable to the settling of the materials or otherwise;
(b) the fault complained of is normal wear and tear which could reasonably be expected to result from the Topper being used in accordance with our instructions;
(c) the fault is the result of any kind of accident, abuse, negligence or wilful damage whether by you or any other person, animal, weather event or otherwise;
(d) the fault is the result of a force majeure event or act of nature beyond our reasonable control, including but not limited to fires, floods or natural disasters;
(e) the Topper is in a soiled or unsanitary condition;
(f) the complaint relates to comfort preferences or localised firmness changes in the Topper;
(g) where the Topper is not used for its intended purpose as a Topper for sleeping on, or is used in a manner contrary to our instructions regarding use, including without limitation, where you fail to rotate your Topper (by rotating the Topper from “head to toe” on a horizontal plane, as opposed to “flipping” the Topper on a vertical plane) at least once per month in the first three months following delivery, and thereafter at least once per six months;
(h) where the Topper has been used without reasonable care. A user will be considered to have lacked reasonable care in circumstances which include but are not limited to the following:
(i) use without bed linen;
(ii) use with an unsuitable bed base. We consider a suitable bed base as including, but not being limited to, a supportive, dedicated mattress platform designed specifically for supporting a mattress, including a sprung or slatted bed frame, a divan base or a box spring. The slats on any slatted bed frame must be more than 2 inches in width and be no greater than 3 inches apart (most slatted bases are designed like this anyway). We don’t recommend the floor and other similar solid surfaces for our mattresses because they prevent the mattress from breathing and ventilating on a vertical plane. These details regarding suitable bed bases are examples, given as non-exhaustive guidelines only, and Simba reserves the right to determine in writing whether a given bed base is suitable or not. Where you have any doubt as to whether a bed base, surface or platform is suitable, contact us and we will be able to confirm this for you in writing.
(iii) the Topper being, handled or otherwise dealt with improperly, including by storing it on its side (we recognise that carrying and/or transporting the Topper on its side may be necessary from time to time in order to effect its movement between rooms and or premises, but we recommend keeping any such movement to a minimum); and/or
(iv) any other treatment which we reasonably consider as lacking the requisite degree of care;
(j) where you attempt to alter or repair the Topper without our approval, consent or instruction or attempt to clean the Topper with improper cleaning products or techniques (see our FAQ section for details);
4.1 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.
4.2 Claims should be made to the original point of sale of the Topper. For example, replacements for defective Toppers purchased on our website should be claimed directly from us by emailing firstname.lastname@example.org, while replacements for defective Topper purchased through an authorised retailer should be claimed through that authorised retailer.
4.3 Upon seeking to claim under this Guarantee, Simba may require you to supply photographs of the entire sleeping surface of the Topper and any visible fault. These photographs will be used to, in part, to determine whether a replacement is necessary. Simba is the sole arbiter of whether a Topper is faulty and qualifies for a replacement under this Guarantee. Failure to send sufficient quality or quantity of photographs of the fault where required may result in a replacement being delayed or the Topper not being replaced. We may also use our independent inspection agent to guide our decision to replace.
4.4 If Simba decides that you may receive a replacement Topper, the replacement will be delivered to you by our standard delivery method within 30 days of your claim being accepted by us in writing.
4.5 Simba will either collect the faulty Topper upon delivery of the replacement, provided the collection address is in the country of purchase, or if agreed, arrange for you to return the Topper to us.
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