Mattress Warranty

 

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Beginning on the date of purchase, your new Noble 14" Organic Latex Plush Top Mattress, Juniper 14" Organic Latex Firm Mattress, Spruce 12" Organic Latex Plush Mattress, Birch 10" Firm Organic Latex Firm Mattress, or Willow 10" Organic Latex Plush Mattress, (the “Mattress”) are covered by a 25-year limited warranty (the “Mattress Warranty”). This Mattress Warranty extends to the original purchaser of the Mattress and extends to all mattresses purchased directly iAdjust Sleep Solutions or licensed retail store ("iAdjust Sleep Solutions", "we", "us,"). The “original purchaser” for the purposes of this Mattress Warranty is the first purchaser of the Mattress from iAdjust Sleep Solutions and licensed retail stores. This Mattress Warranty is not transferable and applies only to a mattress purchased from iAdjust Sleep Solutions by the original purchaser.  iAdjust Sleep Solutions Mattress warrants the Mattress against defects in material and workmanship set forth below (“Defects”) for a period of 25 years. If your Mattress has a defect covered under this Mattress Warranty, iAdjust Sleep Solutions Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Warranty) will be, at IAdjust Sleep Soloutions Mattress’ option, to provide a replacement Mattress, subject to your fulfillment of your responsibilities as set forth herein. In the event IAdjust Sleep Soloutions Mattress chooses to replace the Mattress, the replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued mattress; in this event a Mattress of like build and design, at IAdjust Sleep Soloutions Mattress’ discretion, will be used as a replacement for the defective Mattress.

 

YOUR RESPONSIBILITIES

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The Mattress Warranty begins at the time the Mattress is purchased by you, when the Mattress is used normally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Mattress and user(s). A proper bed frame is defined, for the purpose of this Mattress Warranty, as having at least five to six (5-6) leg support for a Queen, King, and California King Mattress, four (4) leg support for Twin and Full Mattresses. For Queen, King, and California King slatted style bed frames, there cannot be greater than five (5) inches between each slat in order to provide ample structural support for the foundation and user(s). Each slat needs to be a minimum of two and a half (2.5) inches wide. IAdjust Sleep Soloutions Mattress makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Mattress Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician. Users must rotate their Mattress head-to-toe, once a month for the first six months, then every other month for the life of the Mattress, to ensure even wear. Failure to do so may void the Mattress Warranty. In the event of the issuance of a replacement Mattress, IAdjust Sleep Soloutions Mattress may ask you to donate the used Mattress to charity to help repurpose the Mattress for someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective Mattress, from a legitimate organization, before any replacement mattress or refunds will be issued. This Mattress Warranty is not transferable and applies only to a mattress purchased from IAdjust Sleep Soloutions Mattress by the original purchaser.

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DEFECTS COVERED UNDER THE MATTRESS WARRANTY:

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• Any VISIBLE indentation equal or greater than one inch that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. For the iAdjust Sleep Soloutions  Luxury Plush Mattress, the VISIBLE indentation must be equal or greater than one inch. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring or base as determined by iAdjust Sleep Soloutions Mattress, the Mattress Warranty, without limitation, will be void. iAdjust Sleep Soloutions Mattress may require the purchaser to provide proof of the quality of the foundation, box spring or base used.

• Any physical flaw in the natural latex foam that causes it to split or crack under conditions of normal use and proper handling.

• Any manufacturing defect in the Mattress cover such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress, NOT caused by normal wear and tear or that affect the performance of the Mattress.

• Size variations greater than 2 inches in any dimension, after 30 days of regular usage. 

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THIS MATTRESS WARRANTY DOES NOT COVER:

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• Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and potentially unsanitary conditions.

• A normal increase in softness due to normal usage.

• Comfort preference. Any comfort level description of any Mattress is solely provided as a guideline and iAdjust Sleep Soloutions Mattress does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to your liking.

• Mold, odors, and/or discoloration caused by abnormal care including, but not limited to liquid spills, improper ventilation including, but not limited to humid climates and/or areas where the Mattress is exposed to excessive water or humidity.

• Damage associated with an improper bed frame, foundation, box spring, or base as determined by iAdjust Sleep Soloutions Mattress.

• Imperfections that do not prevent ordinary use and enjoyment of the Mattress by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Mattress Warranty. More specifically, this Mattress Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than one inche in the Mattress (2 inches in the iAdjust Sleep Soloutions Luxury Plush Mattress) as measured below the quilt level — in other words, some settling of the fiber in the quilt should be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, wool, or latex foam aromas.

• In addition, this Mattress Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Mattress; (e) attempting to clean the Mattress in an inappropriate manner; and (f) improper storage of the Mattress (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers.

 

YEARS 1-10: FULL COVERAGE — NON-PRORATED

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During the first ten (10) years of the Mattress Warranty, iAdjust Sleep Soloutions Mattress will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated which means that iAdjust Sleep Soloutions Mattress does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect.

 

YEARS 11-25: LIMITED COVERAGE — PRORATED

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During years 11-25 of the Mattress Warranty, iAdjust Sleep Soloutions Mattress will, at its option, replace the mattress at a prorated charge to the purchaser in addition to transportation and/or shipping charges. The prorated replacement charged will be dependent on the year that the Mattress is replaced. If the Mattress is replaced during the eleventh (11th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress is replaced after the eleventh (11th) year, but before the twenty-first (21st) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 55% of the original purchase price if replaced during year twelve (12); 60% of the original purchase price if replaced during year thirteen (13), etc. If the mattress is replaced in year twenty-one (21) or any point thereafter prior to expiration of the Mattress Warranty the prorated replacement charge will be 95% of the original purchase price. The replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress. In this event, a Mattress of like build and design, at IAdjust Sleep Soloutions Mattress’ discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Warranty as the original Mattress. If you obtain a replaced or repaired Mattress, the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If applicable, a replacement mattress ends your sleep trial.

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MAKING A CLAIM

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To make a valid claim under this Mattress Warranty, you must: Fill out a warranty claim form supplied when you contact iadjustsleep@gmail.com. All requirements are listed on the warranty claim form. Requirements include, but are not limited to, a narrative describing the defect and how it is affecting the performance of the Mattress, as well as:

• Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.

• Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.

• Photos of the mattress, base, and defect, in accordance with the warranty. All measurements must be measured with a tailor tape. Our products have curves and thus a standard tape measure does not suffice.

Please send all requested documentation to iadjustsleep@gmail.com. You are responsible for submitting your claim with sufficient supporting documentation for iAdjust Sleep Soloutions Mattress to provide a remedy if necessary. iAdjust Sleep Soloutions Mattress reserves the right, in iAdjust Sleep Soloutions Mattress’ sole discretion, to require photographs, further information or descriptions, or to send a representative or independent Mattress inspector to physically inspect the Mattress prior to accepting your claim under this Mattress Warranty. Your Mattress Warranty may be voided if you refuse to cooperate with an investigation, provide adequate responses to requests, or comply with any provision of this Mattress Warranty. The serviceable area for all iAdjust Sleep Soloutions Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your iAdjust Sleep Soloutions Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return.

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DISCLAIMER: LIMITATIONS ON LIABILITY

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To the maximum extent permitted by applicable law, iAdjust Sleep Soloutions Mattress and its authorized resellers, distributors, and/or suppliers make no representations, warranties or conditions, express or implied, beyond those set forth in this warranty and non-puffery claims in iAdjust Sleep Soloutions Mattress marketing materials. Each of those parties disclaims any and all warranties or conditions, express, statutory and implied. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this document. In no event will iAdjust Sleep Soloutions Mattress or its resellers, distributors, and/or suppliers be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from your or any third party’s purchase and/or use of the product, even if iAdjust Sleep Soloutions Mattress or such other party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, warranties or conditions, so some of the above limitations may not apply to you. In no case shall iAdjust Sleep Soloutions Mattress’ liability exceed the purchase price paid for the mattress giving rise to any such liability.

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ARBITRATION

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If a dispute arises between you and iAdjust Sleep Soloutions Mattress arising out of or relating to this Mattress Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the iAdjust Sleep Soloutions Mattress terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the iAdjust Sleep Soloutions Mattress terms of service, an arbitration concerning a dispute arising out of or relating to this Mattress Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.

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Pillows

 

 

Beginning on the date of purchase, your new iAdjust Sleep Solutions Green Pillow, iAdjust Sleep Solutions Molded Latex Pillow, Mini Pillow, Toddler Pillow and iAdjust Sleep Solutions Meditation Pillow (the “Pillow”) is covered by a one-year limited warranty (the “Pillow Warranty”). This Pillow Warranty extends to the original purchaser of the iAdjust Sleep Solutions Green Pillow, iAdjust Sleep Solutions Molded Latex Pillow, iAdjust Sleep Solutions Meditation Pillow (“Pillow”), and extends to all Pillows purchased directly from iAdjust Sleep Solutions Mattress, LLC (“iAdjust Sleep Solutions Mattress”, “we”, and “us”). The “original purchaser” for the purposes of this Pillow Warranty is the first purchaser of the Pillow from iAdjust Sleep Solutions Mattress. This Pillow Warranty is not transferable and applies only to Pillows purchased from iAdjust Sleep Solutions Mattress by the original purchaser. iAdjust Sleep Solutions Mattress warrants the Pillow against the defects in material and workmanship for a period of one year from the time your Pillow is purchased by you, when the Pillow is used normally for its intended purposes.

 

YOUR RESPONSIBILITIES

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In the event of a defect, iAdjust Sleep Solutions Mattress’ sole and exclusive liability and your sole remedy under this Pillow Warranty will be, at IAdjust Sleep Solutions Mattress’ option, to provide a replacement, subject to your fulfillment of the requirements set forth below. To get the benefit of this Pillow Warranty, you must return your Pillow to IAdjust Sleep Solutions Mattress or the product manufacturer and provide IAdjust Sleep Solutions Mattress with proof of the original date of purchase as well as proof that the Pillow was in fact returned. IAdjust Sleep Solutions is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.

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THE PILLOW WARRANTY DOES NOT COVER

• Normal wear and tear as a result of washing and intended use.

• Comfort preference.

• Physical abuse or damage to the Product, including but not limited to: burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.

• Measurements made with a standard tape measure, our pillows have curves and must be measured with a tailor tape.

 

MAKING A CLAIM

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To file a claim under this warranty, please submit a request to support@iAdjust Sleep Soloutionsmattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Pillow and will be provided to you once iAdjust Sleep Solutions Mattress has reviewed your submissions and determine that there is in fact a defect covered by this Pillow Warranty. In the event of a defect, iAdjust Sleep Solutions Mattress will ship a replacement to you upon proof that you returned the defective Pillow. Replaced Pillows are subject to the same Pillow Warranty as the original. For example, if you obtain replacement that are the same style and price as the original, then the Pillow Warranty term of the replaced Pillow begins from the date of purchase of the original. The serviceable area for all iAdjust Sleep Solutions Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your iAdjust Sleep Solutions Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return. iAdjust Sleep Solutions is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.

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DISCLAIMER: LIMITATIONS ON LIABILITY

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To the extent permissible by applicable law, the Pillow is provided “as is” and this Pillow Warranty and any implied warranties are your exclusive warranties and replace all other warranties or conditions, express or implied. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. To the maximum extent permitted by applicable law and except as set forth in this Pillow Warranty, in no event will iAdjust Sleep Solutions Mattress or its suppliers be liable for procurement of substitute products or other special, incidental, consequential, or indirect damages arising out of or related to the Bedding or its use by you or any third party, whether under theory of contract, tort (including negligence), indemnity, product liability, or otherwise. This limitation will apply even if iAdjust Sleep Solutions Mattress has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. iAdjust Sleep Solutions Mattress’ total liability will not exceed the purchase price paid for the pillow giving rise to such liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

 

ARBITRATION

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If a dispute arises between you and iAdjust Sleep Solutions Mattress arising out of or relating to this Pillow Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the iAdjust Sleep Solutions Mattress terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Pillow Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the iAdjust Sleep Solutions Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Pillow Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity, or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.