Mattress Topper – 10-Year Limited Warranty

The Limited Warranty begins on the date of delivery of your Peace Lily Mattress Topper from Peace Lily Sleep Limited ("Peace Lily"). Because we at Peace Lily believe in our Peace Lily Mattress Toppers, and we want to provide our customers with high-quality, long-lasting products, we are hereby extending this ten-year (10) year promise.

Peace Lily warrants the Mattress Topper against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time your Mattress Topper is purchased by you when the Mattress Topper is used normally for its intended purposes on top of an existing mattress.

If your Mattress Topper has a defect covered under this Mattress Topper Warranty, Peace Lily’s sole and exclusive liability (and your sole remedy under this Mattress Topper Warranty) will be, at Peace Lily’s option, to provide a replacement Mattress Topper, subject to the fulfilment of your obligations as set forth herein.

In the event Peace Lily chooses to replace the Mattress Topper, the replacement will be of the same model and size as the original Mattress Topper purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress Topper, in this event a Mattress Topper of like build and design, at Peace Lily's discretion will be used as a replacement for the defective Mattress Topper.

This warranty is subject to revision and change. Please retain a printout of this page for future reference.

What this Limited Warranty Covers:

Years 1-5: Full Coverage — Non-prorated

During the first five years of the Mattress Topper Warranty, Peace Lily will not charge the purchaser to repair or replace the purchaser’s Mattress Topper if it qualifies under the Mattress Topper Warranty. This period is non-prorated which means that Peace Lily does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the Mattress Topper prior to noticing a defect.

Years 6-10: Limited Coverage — Prorated

During years 6-10 of this Mattress Topper Warranty, Peace Lily will, at its option, replace the Mattress Topper at a prorated charge to the purchaser plus transportation and/or shipping charges. The prorated replacement charge will be dependent on the year that the Mattress Topper is replaced.

If the Mattress Topper is replaced during the sixth year, the prorated replacement charge the purchaser pays will be 50% of the original purchase price. If the Mattress Topper is replaced after the seventh year, the prorated replacement charge the purchaser pays will increase by 10% for each subsequent year of the prorated period. If the Mattress Topper is replaced in year ten or any point after that prior to the expiration of the Mattress Topper Warranty the prorated replacement charge will be 90% of the original purchase price.

The replacement will be of the same model and size as the original Mattress Topper purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress Topper. In this event, a Mattress Topper of like build and design, at Peace Lily's discretion, will be used as a replacement for the defective Mattress Topper. Replaced or repaired Mattress Toppers are subject to the same Mattress Topper Warranty as the original Mattress Topper. If you obtain a replaced or repaired Mattress Topper, the warranty term of the replaced or repaired Mattress Topper begins from the date of purchase of the original Mattress Topper.

Your Responsibilities:

The Mattress Topper Warranty begins at the time the Mattress Topper is purchased by you when the Mattress Topper is used normally for its intended purposes and on a mattress that is structurally capable of supporting the Mattress Topper and user(s). The Mattress Topper must be kept away from direct sunlight and kept out of close proximity to any heating devices.

In the case of a Mattress Topper that is packaged in a compressed and rolled manner, your Mattress Topper Warranty is valid if your product was opened within two (2) weeks of receiving the Mattress Topper to prevent compression for an extended period of time. A Mattress Topper that is compressed for a prolonged period may have structural damage and/or condensation from being packaged for an extended period of time.

Peace Lily makes no medical or health claims regarding its Mattress Toppers. Allergies, discomfort, or other conditions, are not covered under this Mattress Topper Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

To maximise the lifespan of the Mattress Topper it is recommended that users rotate their Mattress Topper head-to-toe, once a month for the first six months, then every other month for the life of their Mattress Topper to ensure even wear.

In the event of a replacement Mattress Topper, Peace Lily will ask you to donate the used Mattress Topper to charity to help repurpose the Mattress Topper to someone in need. In that case, you will be required to follow the instructions of Peace Lily and provide a written receipt or proof of return for disposal or donation of the original, defective Mattress Topper, from a legitimate organisation, before any replacement Mattress Topper or refunds will be issued. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Peace Lily by the original purchaser.

Who This Limited Warranty Is Extended To:

This Limited Warranty extends to the initial, “original” purchaser of this product only and not to any possible future owner(s) of the product. For purposes of this Limited Warranty, an “original” purchaser is the individual or entity who purchased this Mattress Topper from Peace Lily directly or, as the case may be, from an authorised retailer, distributor or dealer.

Defects Covered Under The Mattress Topper Warranty:

Any visible indentation equal to or greater than two and five (2.5) centimetres that are not associated with or resulting from faulty or improper usage.

The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress Topper. If the purchaser uses an inappropriate foundation, floor or mattress as determined by Peace Lily, the Mattress topper Warranty, without limitation, will be void. Peace Lily will require the purchaser to provide proof of the quality of the foundation or mattress used.

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

This Mattress Topper Warranty Does Not Cover:

Normal wear and tear or any condition resulting from misuse or abuse of the Mattress Topper or failure to keep the Mattress Topper 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 Topper is solely provided as a guideline and Peace Lily does not guarantee the firmness or softness quality of any Mattress Topper, nor does it warrant that a particular comfort preference will be to your liking.

Physical abuse or damage to the structure and/or materials, including, but not limited to burns, cuts, tears, and/or liquid damage.

Mould, odours, and/or discolouration 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 Topper is exposed to excessive water or humidity.

Damage associated with using the Mattress Topper on any other surface other than an existing mattress.

Imperfections that do not prevent ordinary use and enjoyment of the Mattress Topper 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 Topper Warranty.

More specifically, this Mattress Topper Warranty excludes:

(a) minor imperfections and slight cosmetic flaws.
(b) normal wear and tear.
(c) tears, stains, soiling, burns, and discolouration that occur over time.
(d) dampness or mould.
(e) individual or personalised preferences relating to firmness, texture and comfort.
(f) normal body impressions not greater than two and a half (2.5) centimetres in the Mattress Topper as measured below the quilt level – in other words, some settling of the fibre in the quilt should be expected and is not considered a defect).
(g) individual or personalised allergies and sensitivities.
(h) naturally occurring cotton, wool, or latex foam aromas.
(i) due to the nature of the fabric, the organic cover may appear to stretch slightly.

In addition, this Mattress Topper Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Mattress Topper Warranty:

(a) any unsanitary condition.
(b) burns.
(c) use of the Mattress Topper on any other surface other than an existing mattress.
(d) using our Mattress Topper without a mattress.
(e) physically abusing the Mattress Topper.
(f) attempting to clean the Mattress Topper in an inappropriate manner.
(g) improper storage of the Mattress Topper (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas).
(h) purchase from resellers who are not authorised retailers.

How To File A Claim Under This Warranty

To file a claim under the terms of this Limited Warranty, please contact Peace Lily by emailing us at info@peacelily.co.nz. Please have your proof of purchase documentation ready and available. In the event that a warranty claim is filed and a product replacement is deemed necessary, the purchaser must surrender the original product to Peace Lily.

In the event that you, the purchaser, make a claim under this Limited Warranty, Peace Lily will assess the Mattress Topper first, If deemed faulty, within thirty days, Peace Lily will repair or replace the Mattress Topper, if it is found to be abiding by the Warranty conditions and be defective. Peace Lily will pay for shipping costs associated with the replacement product to the original purchaser.

You Must Also Provide:

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

You will be required to send in full-length photos which need to include a brief narrative describing the defect and how it is affecting the performance of the Mattress Topper.

Please send all requested documentation to info@peacelily.co.nz. You are responsible for submitting your claim with sufficient supporting documentation for Peace Lily to provide a remedy if necessary. Peace Lily reserves the right, in Peace Lily's sole discretion, to require photographs, further information or descriptions, or to send a representative or independent Mattress Topper inspector to physically inspect the Mattress Topper prior to accepting your claim under this Mattress Topper Warranty. Your Mattress Topper 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 Topper Warranty.

The serviceable area for all Peace Lily products is addressed within all states of New Zealand only. If your Peace Lily product is located outside of New Zealand, you are responsible for any costs associated with pick-up or donation.

Disclaimer (Limitations On Liability):

To the maximum extent permitted by applicable law, Peace Lily and its authorised 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 Peace Lily 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 Peace Lily 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 Peace Lily 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
(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 Peace Lily’s liability exceed the purchase price paid for the Mattress Topper giving rise to any such liability.

Arbitration:

If a dispute arises between you and Peace Lily arising out of or relating to this Mattress Topper Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Peace Lily terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject to appeal absent extraordinary circumstances.

As in all other dispute situations under the Peace Lily terms of service, an arbitration concerning a dispute arising out of or relating to the Mattress Topper 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).