1.1 This guarantee is in addition to, and does not affect, your basic statutory rights in relation to faulty goods as set out in clause 8 of our Terms and mandatory Canadian Consumer Rights law.
1.2 This guarantee applies to any Simba mattress sold by Sleep Country and will be honoured by Sleep Country on behalf of Simba.
1.3 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.
1.4 This guarantee relates to Simba mattresses purchased in Canada only and not to any other goods sold by Simba or its authorised retailers.
1.5 This guarantee is for the benefit of the original purchaser who purchases the mattress from Sleep Country. It is not transferable to any other person; if a Sleep Country Customer sells or otherwise relinquishes ownership of the mattress, 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 any circumstances which are beyond the Parties 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, but not limited to, being used by an individual who weighs more than 18 stone (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 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 by Sleep Country 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 with proof of purchase attached. Please do not return any products to Simba.
5.3 Upon seeking to claim under this guarantee Sleep Country 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. Sleep country, following Simba’s directions 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 our independent inspection agent to guide our decision to replace.
5.4 If Sleep Country decides, in line with this guarantee that you are owed a replacement mattress the replacement will be delivered to you in accordance with its standard delivery method at no cost to you.
5.5 Sleep Country will arrange return or collection of the faulty mattress upon delivery of the replacement, provided the collection address is in the country of purchase.