TEMPUR^® GUARANTEE

TEMPUR^® GUARANTEE

This document sets out the terms and exclusions of the TEMPUR Guarantee for new TEMPUR products sold to consumers worldwide (excluding the USA and Canada).

Who offers the TEMPUR Guarantee?

The Manufacturer of TEMPUR products (except those in the USA and Canada) is Dan-Foam ApS, a company incorporated in Denmark under company registration number DK-24209709. Registered office address: Holmelund 43, 5560 Aarup, Denmark (the “Manufacturer”). Dan-Foam ApS is a subsidiary of TEMPUR-Sealy International, Inc.

What is covered?

The Manufacturer warrants that all new and genuine TEMPUR products are free from material defects due to faulty workmanship or materials for the applicable guarantee period (see section - For how long?) unless the product is specifically excluded or an exclusion applies (see section - Exclusions).

The TEMPUR Guarantee is valid for products purchased by consumers anywhere in the world (except the USA and Canada) from the Manufacturer or an authorised retailer for personal use and not in the course of a business, trade or profession.

What will we do?

Where a valid claim is made in accordance with this TEMPUR Guarantee, the Manufacturer shall offer, at its choice, either to repair the defective product or provide an equivalent replacement product free of charge.

The Manufacturer will refund the reasonable delivery cost of returning a defective product for repair or replacement so long as the claim is valid under the terms of this TEMPUR Guarantee and the product is returned from an address within the same country as the authorised retailer the product was purchased from. The repaired or replacement product will be delivered free of charge to an address within the same country as the authorised retailer the product was purchased from. In all other circumstances, any delivery costs associated with any repairs or replacements are the purchaser’s responsibility.

In the event of replacement, the Manufacturer shall endeavour to provide a replacement product from the same line. However, if the product line has been discontinued or the product is otherwise not available, the Manufacturer reserves the right to provide a replacement product that, in the Manufacturer’s sole discretion, is similar to the defective product.

The TEMPUR Guarantee provides cover from the date of purchase (or date of manufacture in the case of ex-display/demonstration products) of the original product. It is not renewed on the provision of a repaired or replaced product. In these circumstances, the TEMPUR Guarantee will run for the remainder of the period starting from the original purchase or manufacture date, as applicable.

Exclusions

The TEMPUR Guarantee does not apply if:

• the product has been purchased used, second hand or from anyone other than an authorised retailer or directly from the Manufacturer.
• the process for making a claim under the TEMPUR Guarantee (set out under the heading “How do you claim under the TEMPUR Guarantee?” below) has not been correctly followed.
• the product has not been used and/or handled with due care and/or in accordance with the instructions of use, cleanliness and maintenance.
• the product has been deliberately damaged or damaged as a result of neglect, cuts, burns, flooding or any other improper use by you or by any third party.
• the defect is caused as a result of the product having been bent, squeezed or exposed to cold temperatures for a period of time causing the material to tear or permanently deform.
• the product has been wet or soaked against Manufacturer’s recommendations.
• the product is found to be very stained, soiled and/or otherwise unhygienic.
• the product has been altered or repaired without the Manufacturer’s prior permission.
• adjustable bed bases has been overloaded or misused against the manufacturer's weight restrictions.
• the defect is the result of normal wear and tear.
• zips on the cover of TEMPUR Products unless faulty upon receipt of product.
• slippers, we do not offer extended guarantee on this item.
• for mattresses (within the range of CE marked products), the defect or change in the product is only a minor variation or normal change which does not affect the pressure redistributing properties of the product.

How do you claim under the TEMPUR Guarantee?

To claim under the TEMPUR Guarantee you must:

• contact the authorised retailer you originally purchased the product from (the “Seller”). If the Seller is either no longer in business or is no longer a TEMPUR authorised retailer, please contact the Manufacturer.
• present the original invoice or sales receipt as evidence of the purchase.
• have correctly completed the TEMPUR Guarantee certificate given to you at the time of purchase or the online form available here. Please register your TEMPUR Guarantee as soon as possible after your purchase.
• return the product to the Seller or to the Manufacturer (but only if the Manufacturer has requested the product). If the Manufacturer determines that the claim is valid in accordance with the terms of this TEMPUR Warranty, you will be refunded the reasonable delivery costs for the returning the defective product so long as the product has been returned from an address within the same country as the Seller.

Fire Safety

Tempur products comply with applicable safety standards, which may vary depending on the product or the region, as outlined below. Further information is available upon request.

CE Marking

Many TEMPUR products are CE-marked as medical devices (class 1), which means that the properties of the products meet the requirements of directive 93/42/EEC. Please check the washing label to see whether the product you have purchased is CE labelled.

Our liability to you

The liability of the Manufacturer is limited to the cost of repair and/or replacement of the product under the TEMPUR Warranty. Accordingly, the Manufacturer will not be liable for all other liability for loss or damage howsoever caused arising out of the purchase, possession, sale or use of the products. However, the Manufacturer does not exclude or limit in any way its liability for death or personal injury caused by its negligence, or fraud or fraudulent misrepresentation.

The products are only sold for domestic and private use. The Manufacturer has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Your legal rights

The TEMPUR Guarantee does not affect a consumer’s statutory rights under applicable law but aims to enhance the consumer’s rights where applicable.