POLICY: LIFETIME WARRANTY MATTRESS WARRANTY POLICY
EFFECTIVE DATE: JULY 15, 2021
APPLICABLE PRODUCT(S): Fluffy Cool Silver; Fluffy Cool Silver Memory Foam Mattress; Fluffy Cool Gold; Fluffy Cool Gold Memory Foam Mattress; Fluffy Cool Platinum; Fluffy Cool Platinum Memory Foam Mattress
WARRANTY COVERAGE:
Your new Fluffy mattress is covered by a Limited Fluffy Mattress Lifetime Warranty (the “Warranty”) for the full period of the original owner’s ownership and use.
WHO IS COVERED:
This warranty is valid only for the original purchaser from the original purchase date of the mattress and is non-transferable. The "original purchaser" refers to the first buyer of the mattress from Fluffy Mattress or a Fluffy Sleep-authorized retailer. Please retain a copy of your receipt as proof of purchase and ownership. If the original purchaser sells or transfers ownership of the mattress to another person, this warranty will terminate, and the subsequent owner will accept the product "as is" and "with all faults."
WHAT IS WARRANTED:
This warranty applies to mattresses sold by Fluffy Mattress and purchased directly from Fluffy Mattress or its authorized retailers. Fluffy Mattress warrants that the mattress, in its original packaging, is free from defects in material and workmanship for the full period of ownership by the original purchaser. If a mattress is replaced or repaired, the warranty term of the replaced or repaired mattress will continue from the original purchase date. To be eligible for return or warranty claims, the mattress must be physically located within the contiguous United States, Alaska, or Hawaii.
DEFECTS COVERED UNDER THIS WARRANTY:
– Deterioration causing the mattress to have a visible indentation greater than 1.5 inches, not associated with the use of an improper or unsupportive foundation or bed base. Normal wear requires the mattress to be continuously supported by a proper foundation or adjustable bed base.
– Any physical flaw in the mattress that causes the foam material to degrade, split, or crack under normal usage and proper handling.
– Any manufacturing defect in the assembly of the mattress cover.
WHAT IS NOT COVERED:
– Any mattress that has had the cover removed for any reason (removing the mattress cover voids the warranty).
– Damage to the mattress due to environmental factors.
– Mattresses subjected to misuse, neglect, accidents, or usage that violates the instructions, including not placing the mattress on a proper bed frame.
– Normal softening of the foam that does not affect the mattress’s pressure-relieving qualities.
– Comfort preference.
– Defects caused by physical abuse, burns, cuts, tears, liquid damage, or stains.
– Mattresses sold "as-is," "preconditioned," "reconditioned," "used," "returned," "previously owned," or with any similar designation indicating it is not a new or first-quality mattress, unless otherwise required by law.
– Any shipment of a replacement mattress outside of the contiguous United States, Alaska, and Hawaii.
WARRANTY REMEDY:
In the event of a covered defect:
– Within the first 10 years of ownership, Fluffy Mattress will replace the mattress with a brand-new one of equal or greater value at no cost to you.
– After 10 years, Fluffy Mattress will either repair and re-cover the mattress or replace it at its discretion. The only charge will be a transportation cost of $50 each way, which will be waived if a defect is confirmed by Fluffy Mattress.
YOUR RESPONSIBILITIES:
To ensure this warranty remains valid, the mattress must be used on a firm, solid-surface bed base capable of supporting its weight and that of the user(s) for the entirety of its use. You must provide proof of original purchase and return the mattress or mattress cover as requested. After 10 years, you will be responsible for a $50 shipping fee each way for any replaced or repaired mattresses. This fee will be waived if Fluffy Mattress confirms a defect in materials or workmanship. At Fluffy Mattress’s discretion, you may be asked to provide photo evidence of a defect instead of returning the mattress.
HOW TO MAKE A WARRANTY CLAIM:
To make a claim under this warranty, contact Fluffy Mattress:
Email: fluffymattress1@gmail.com
Phone: +1 (347) 470-2652
WARRANTY LIMITATIONS, DISCLAIMERS, AND LIMITATION OF LIABILITY:
This warranty provides specific legal rights, and you may also have other rights depending on your state or jurisdiction. To the extent permitted by law, this warranty and its remedies are exclusive and replace all other warranties, whether oral, written, statutory, express, or implied, including implied warranties of merchantability and fitness for a particular purpose. Fluffy Mattress limits the duration of implied or statutory warranties to the shorter of:
(a) The duration of this written warranty, or(b) Any maximum duration provided by law.
Some states do not allow limitations on implied warranties, so these limitations may not apply to you. Fluffy Mattress limits warranty remedies to repair or replacement as described. To the maximum extent permitted by law, Fluffy Mattress is not liable for indirect, incidental, special, or consequential damages arising out of the use of the mattress. Fluffy Mattress's total liability will not exceed the purchase price of the mattress. Some states do not allow limitations on incidental or consequential damages, so these limitations may not apply to you.
ARBITRATION:
If a dispute arises concerning this warranty, it will be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). More information can be found at www.adr.org. Arbitration will take place in San Francisco, CA, and will not be combined with other proceedings. Each party will appoint one arbitrator, and the two arbitrators will select a third, who will serve as chair. If the two arbitrators cannot agree, the AAA will appoint the third arbitrator.
The arbitration panel will issue a decision within 120 days of selecting the third arbitrator, with a possible 30-day extension if necessary. Proceedings will remain confidential, and the arbitration award will be final and binding. You must seek arbitration before pursuing remedies under Title I of the Magnuson-Moss Warranty Act. If you pursue remedies outside Title I, arbitration is not required.
GOVERNING LAW:
This Limited Warranty is governed by the laws of the State of California.
For customer service inquiries, please visit our homepage.
