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Simba Mattress Toppers Manufactured With Aerocoil Springs – 10 Year Guarantee

  1. General

1.1 This Guarantee applies to each and every Simba Hybrid Mattress Topper manufactured with Aerocoil springs sold by Simba (a “Topper”) as new (this guarantee does not apply to refurbished Toppers) 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 pause in accordance with clause 4.7 and or any invalidity which may arise by virtue of clause 3, this Guarantee is effective from the date your Topper is delivered and expires 10 years 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 product ‘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.

  1. Scope

2.1 Subject to clause 3 and 4, you may seek to claim a replacement Topper under this Guarantee where your Topper exhibits one or more of the following material defects:

(a) the surface of the Mattress has a visible body impression or visible dipping of greater than the tolerances outlined in the below table by reference to the period that has elapsed from the date the Topper to which the claim relates is delivered;

 

Time from delivery date

0-6 Months

6-12 Months

12-24 Months

24-36 Months

36-60 Months

60-120 Months

Dip Tolerance

25mm

30mm

35mm

40mm

45mm

70mm

 

(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, which causes it to rip, split or tear (NOTE: DEFECTS TO THE COVER WILL ONLY BE GUARANTEED FOR ONE YEAR). We reserve the right to replace only the cover, where the cover is claimed and accepted as being defective; and/or

(e) another material defect or combination of defects in the materials or workmanship which is not attributable, in Simba’s sole opinion, to the Topper being treated with a lack of reasonable care and does not fall within clause 3.

  1. Limitation

3.1 We reserve the right not to honour claims under this Guarantee at our discretion, in any 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 as a mattress topper for sleeping on and 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, natural disasters, wars or acts of terrorism;

(e) the Topper is in a soiled or unsanitary condition;

(f) 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);

(g) the complaint relates to comfort preferences or localised firmness changes in the Topper.

(h) where the Topper is not used for its intended purpose as a mattress topper for sleeping on, or is used in a manner contrary to our instructions regarding use, including without limitation, use by any individual weighing more than 18 stone (114kg), or 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 every three months;

(i) 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 mattress. We consider a suitable mattress as including, but not being limited to, a supportive, commercially manufactured mattress in good repair being the same size as the Topper. Details regarding suitable mattresses are examples, given as non-exhaustive guidelines only, and Simba reserves the right to determine in writing whether a given mattress is suitable or not. Where you have any doubt as to whether a mattress is suitable for use with a Topper, contact us by emailing hello@simbasleep.com 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.

  1. Claims

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 hello@simbasleep.com, while replacements for defective toppers purchased through an authorised retailer should be claimed through that authorised retailer.

4.3 Upon seeking to claim under this Guarantee, Simba may require that you follow a written process of providing evidence of the defect or defects to the Topper (which may include, but may not be limited to, taking clear digital photographs and transmitting these to Simba for assessment), in line with guidance which we will update from time to time. Please contact us at hello@simbasleep.com for the latest version of this guidance. Where you decline to cooperate with us as set out in the guidance (including, but not limited to, furnishing photographs of inadequate quality) we shall be entitled to reject your claim.  The evidence that you provide may be used to assist us to determine whether your Topper falls within the scope of this Guarantee and therefore whether it is eligible to be replaced. Simba is the sole arbiter of whether a Topper is faulty and qualifies for a replacement under this Guarantee.

 

 4.4 If Simba decides that you may receive a replacement Topper, the replacement will be delivered to you by our standard delivery method at no cost to you within 30 days of your claim being accepted.

 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.

4.6 Simba will replace a Topper under this Guarantee a maximum of two times per order/customer. Any subsequent claim sought to be made under this Guarantee will, if accepted by Simba (in accordance with this clause 4), be honoured by way of a refund rather than another replacement. Simba reserves the right to deduct amounts from the value of such refund to account for use made of the product prior to any defect arising, assessed with regard to the time which elapsed between the delivery date of the Topper and the date of the claim. Simba is the sole arbiter regarding the amount of any such deduction.

4.7 Where a claim is made under this Guarantee, its duration will be paused until either (i) the claim is rejected by Simba or (ii) the claim is accepted, and a replacement Topper has been delivered by Simba. Upon the occurrence of either of the aforementioned events the duration of the Guarantee shall continue to run from the point at which it was paused until it expires in accordance clause 1.2.

4.8 Simba reserves the right to charge you for any costs associated with delivering or collecting your replacement Topper pursuant to this guarantee where such replacement is delivered more than 5 years after the delivery date of the Topper, subject to any pauses in accordance with clause 4.7.

This guarantee was updated and applies to all Toppers ordered on or after 12 September 2022.

 

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