Guarantee - Mattress
Simba mattresses are a perfect example of advanced mattress technology carefully engineered to give you the best night’s sleep. However, to give you further peace of mind, we are so confident that you will be satisfied with your mattress that we will replace any faulty mattress which falls within the scope of our 10 year guarantee as set out below.
1.1 This guarantee is in addition to, and does not affect, your basic statutory rights in relation to faulty goods in relation to the Australian Consumer Law (ACL), and as set out in clause 10 of our Terms and Conditions.
1.2 This guarantee is effective from the date of delivery and expires 10 years from that date, save any invalidity which may arise by virtue of clause 4.
1.3 This guarantee relates to Simba mattresses only and not to any other goods sold by Simba or its authorised retailers.
1.4 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 mattress (including, but not limited to, giving the mattress as a gift), the subsequent owner accepts the product ‘as is’, including all faults, and will not be able to benefit from this guarantee.
Scope of guarantee
2. This guarantee may be invoked where your Simba mattress exhibits one or more of the following material defects due to faulty workmanship or materials:
2.1 the surface of the mattress has a visible indentation of greater than 25 millimetres compared to the surrounding mattress area;
2.2 any physical flaws in the mattress that cause the foam to split or crack;
2.3 any material manufacturing defect in the zip;
2.4 any manufacturing defect to the cover which causes it to rip, tear, split or the zip to malfunction despite proper handling; and/or
2.5 any other material defects in the materials or workmanship which are not attributable to the mattress being treated with a lack of reasonable care.
3. This guarantee does not apply where one or more of the following circumstances apply:
3.1 the fault complained of relates to the normal softening of the mattress with age; attributable to the settling of the materials or otherwise;
3.2 the fault complained of is normal wear and tear which could reasonably be expected to result from the mattress being used in accordance with our instructions;
3.3 the fault is the result of any kind of accident, abuse, negligence or wilful damage;
3.4 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;
3.5 the mattress is in a soiled or unsanitary condition;
3.6 the fault results from the sealed zip cover of the mattress having been tampered with; and/or
3.7 the complaint relates to comfort preferences or localised firmness changes in the mattress.
4. This guarantee is automatically invalidated in the following circumstances:
4.1 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 being used by an individual who weighs more than 114kg;
4.2 where the mattress is 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 old or unsuitable bed base;
(iii) the mattress being handled or otherwise dealt with improperly; and/or
(iv) any other treatment which could be considered to lack the requisite degree of reasonable care;
4.3 where you attempt to alter or repair the mattress without our consent or attempt to clean the mattress with improper cleaning products or techniques (see our FAQ section for details);
4.4 where the mattress is sold by anyone other than Simba Sleep Limited, or an authorised retailer.
5.1 Any claim under this guarantee must be received within 30 days of actual discovery by you, or when you ought reasonably to have discovered the defect.
5.2 Claims should be made to the retailer of purchase or directly to Simba by email to email@example.com or in writing to Simba Sleep Pty. Ltd., 1A Glasshouse, Collingwood, VIC 3066, with proof of purchase included. Do not return any products to this address.
5.3 Upon seeking to claim under this guarantee Simba will ask you to supply photographs of the entire sleeping surface of the mattress and any visible fault. These photographs will be used to determine whether a replacement is necessary. Simba is the sole arbiter of whether a mattress is faulty and qualifies under this guarantee. Failure to send sufficient quality or quantity of photographs of the fault may result in a replacement being delayed or the mattress not being replaced. We may also use an independent inspection agent to guide our decision to replace.
5.4 If Simba decides that you are owed a replacement mattress, the replacement will be delivered to you by our standard delivery method at no cost to you.
5.5 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.