WARRANTY TERMS & CONDITIONS
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.
An optional extended warranty (the "Extended Warranty") can be purchased in addition to the Smart Topper, which extends the warranty period to 3 years from the original purchase date, the "Extended Warranty Period". With an Extended Warranty purchase all the terms and conditions of the Warranty apply for the Extended Warranty Period, as outlined below.
In addition, Perfectly Snug offers a Years 2–5 Repair Program (the "Repair Program"), described below, under which Perfectly Snug will, at its discretion, provide repair labor at no charge for covered defects during any portion of the second through fifth year after the original purchase date that is not otherwise covered by the Warranty or the Extended Warranty. The Repair Program does not include free parts, shipping, or packaging, which remain your responsibility as described below, nor does it include topper replacements.
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, at our discretion, repair or replace 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 purchase 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, except as provided below for gifts. If the original purchaser gives the Product as a gift, this warranty (and, if applicable, the Extended Warranty or Repair Program) remains valid for the gift recipient for the remainder of the applicable period, provided the gift recipient can produce the original purchaser's proof of purchase. If the original purchaser sells the Product, or otherwise transfers ownership of the Product to another for value, 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 (approximately 1 inch).
- 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 customerservice@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.
Perfectly Snug will arrange and pay for the return shipping of the Product to Perfectly Snug, and for standard shipping of the repaired or replacement Product back to you, on the condition that:
- the original packaging is used and the Product is packed according to instructions provided by Perfectly Snug. If you no longer have the original packaging, Perfectly Snug will provide replacement packaging at no charge during the Warranty Period or the Extended Warranty Period. Using non-original packaging or packing improperly increases the cost of shipping and can cause damage to the Product. (If you need replacement packaging, this can be ordered by emailing customerservice@perfectlysnug.com.)
- the return shipment originates from within the continental United States or Canada. Perfectly Snug does not pay for return shipping from Hawaii or from outside the United States and Canada.
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 otherwise 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.
YEARS 2–5 REPAIR PROGRAM
Beginning immediately after the end of the Warranty Period (or, if you purchased the Extended Warranty, immediately after the end of the Extended Warranty Period), and continuing through the end of the fifth year after the original purchase date, Perfectly Snug offers a Repair Program to the original purchaser (or gift recipient, as described above) of the Product.
Under the Repair Program, if you contact Perfectly Snug at customerservice@perfectlysnug.com and request a return authorization, Perfectly Snug will, at its discretion, repair a covered defect (as described in "What Is Covered" above) using new or refurbished replacement parts. The Repair Program provides repair only; it does not include replacement of the Product. Perfectly Snug will not charge for labor under the Repair Program. You are responsible for the cost of parts, shipping, and packaging associated with a Repair Program claim. If you no longer have the original packaging, replacement packaging can be requested for a $70 USD fee.
The Repair Program is subject to the same proof-of-purchase requirement, exclusions, and other terms and conditions described elsewhere in this Limited Warranty, except where those terms specifically describe the Warranty Period or the free provision of parts, shipping, or packaging. Perfectly Snug may modify, suspend, or discontinue the Repair Program at any time; any such change will not affect a Repair Program claim already submitted and accepted by Perfectly Snug.
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 discoloration 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.
