1.1 This Guarantee applies to every Simba Mattress purchased in the UK sold by Simba as refurbished only, and not to any other products purchased from Simba, its authorised retailers, or any other merchant.
1.2 Subject to any pause in accordance with clause 3.7, this Guarantee is effective from the date your Mattress is delivered and expires 1 year 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 Mattress, or by any other means relinquish ownership of the Mattress, 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.
2.1 Subject to Clause 3, you may seek to claim a replacement Mattress under this Guarantee where the Mattress exhibits a manufacturing defect within 1 year of the date of delivery, as determined by Simba’s independent inspection agent, and subject to the exclusions contemplated at Clause 2.2 below.
2.2 Simba reserves 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 Mattress 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 Mattress being used as a mattress 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 Mattress is in a soiled or unsanitary condition;
(f) the complaint relates to comfort preferences or localised firmness changes in the mattress;
(g) where the mattress is not used for its intended purpose as a mattress 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 mattress (by rotating the mattress from “head to toe” on a horizontal plane, as opposed to “flipping” the mattress on a vertical plane) regularly - once a month through the first 200 nights, then at least every six months for the rest of its life;
(h) where the mattress 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; or
(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; or
(iii) the mattress being, handled or otherwise dealt with improperly, including by storing it on its side (we recognise that carrying and/or transporting the mattress 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.
(v) where an attempt is made to alter or repair the mattress without Simba Sleep’s approval, consent or instruction or attempt to clean the mattress with improper cleaning products or techniques.
3.1 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.
3.2 Claims must be made to the original point of sale of the Mattress. For example, replacements for Mattress exhibiting manufacturing defects purchased on our website should be claimed directly from us by emailing email@example.com.
3.3 Upon seeking to claim under this Guarantee, Simba may require that your mattress is inspected in person by our independent inspection agent. Where you decline to facilitate this we shall be entitled to reject your claim. Simba is the sole arbiter of whether a mattress is faulty and qualifies for a replacement under this Guarantee, and Simba’s decision will be reached with reference to independent inspection agent’s report where a report is available.
3.4 If Simba decides that you may receive a replacement Mattress, 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.
3.5 Simba will either collect the faulty Mattress upon delivery of the replacement, provided the collection address is in the country of purchase, or if agreed, arrange for you to return the mattress to us.
3.6 Simba may replace a Mattress 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 3), 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 Mattress and the date of the claim. Simba is the sole arbiter regarding the amount of any such deduction.
3.7 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 by Simba , and a replacement Mattress 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.
This guarantee for Mattresses refurbished by Simba applies to all Mattresses sold as refurbished by Simba ordered on or after 20 June 2022.