Every Smart Topper is covered by a 1 year limited warranty (the “Warranty”). This limited Warranty gives you specific legal rights, and you may also have other rights available based on your location.
OVERVIEW
The Smart Topper ( "Product(s)") is covered by a 1 year limited warranty.
For 1 year after your purchase of a new Product, when it has a defect covered under the warranty, we will replace or repair it. This includes all parts of the Product (cover and internal technology core) determined to have a defect. There is no deductible. The Warranty is valid for the “Warranty Period”, which is 1 year and which starts on the original shipping date.
This warranty is valid only for the original purchaser of the original Product purchased from Perfectly Snug Inc ("Perfectly Snug”) and is non-transferable. If the original purchaser sells or otherwise relinquishes ownership of the Product to another, the subsequent owner accepts the product "as is" and "with all faults." The warranty no longer applies after any resale of the Product whether new or used.
Original proof of purchase (including date) by the original purchaser will be required to make a warranty claim. For warranty service, you are required to preserve these documents during the 1 year warranty period.
This warranty applies to the Product and not to any accessories or other products associated with the Product. This warranty is applicable only to Products in normal in-home consumer use, and specifically excludes any Product used for a medical patient or institutional use.
WHAT IS COVERED
This 1 Year Limited Warranty covers the following instances during normal use:
- Deterioration of the cover, foam or mesh material resulting in a visible indentation greater than 25 mm.
- Any physical flaw in the craftsmanship of the Product that causes permanent damage to the cover, foam or mesh material despite proper setup and normal use of the Product.
- Any material or workmanship defect in electronics, sensors, wiring, heaters or fans arising despite proper setup and normal use of the Product.
The Warranty is void if the Product is used without an underlying mattress or if the product is damaged by abnormal abuse or neglect.
If you contact Perfectly Snug at service@perfectlysnug.com and request a return authorization within the applicable Warranty Period, Perfectly Snug will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product.
In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Perfectly Snug itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer, or for any additional period of time that may be required by applicable law.
EXCLUSIONS
Perfectly Snug does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Warranty does not cover software embedded in any Product and related services provided by Perfectly Snug. See the Perfectly Snug Terms of Service for details of your rights with respect to use of the software and related services.
Except where prohibited by applicable law, this Limited Warranty applies only to the original purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Perfectly Snug that can be identified by an authorized "Perfectly Snug" trademark, trade name, or logo affixed to it.
Without limiting the foregoing, the Limited Warranty does not apply to any (a) Perfectly Snug products and services other than the Products, (b) non-Perfectly Snug products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Perfectly Snug reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product.
This Limited Warranty does not apply to products "Made for Perfectly Snug" or "Works with Perfectly Snug" logos or Perfectly Snug accessories. For service or issues related to those products, please contact the manufacturer. This warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Perfectly Snug, nor does it apply to any cosmetic damage such as discolouration of materials, scratches and dents. In addition, this Limited Warranty does not apply to damage or defects caused by (a) use with non-Perfectly Snug products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Perfectly Snug, (ii) not in accordance with instructions provided by Perfectly Snug, or (iii) with improper voltage or power supply. No Perfectly Snug reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
LIMITATIONS
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, PERFECTLY SNUG SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY, EVEN IF PERFECTLY SNUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
