EFFECTIVE DATE: August 5, 2017
Thank you for your purchase of a new Cloud 9 Sleep Products mattress. We hold ourselves to high standards in quality materials and craftsmanship. We are confident that you’ll be pleased with what you purchased (hereinafter your “mattress,” or, more generally, your “Product”). However, if you are dissatisfied or if you discover a defect in your Product, simply review our 100-Night Sleep Trial Policy and Limited Warranties (below) and, if you believe that you are entitled to take advantage of their terms, please contact us at email@example.com for instructions on how to do so.
PLEASE NOTE THAT BOTH THE 100-NIGHT SLEEP TRIAL POLICY AND OUR LIMITED WARRANTIES APPLY ONLY TO ORIGINAL PURCHASERS OF GENUINE CLOUD 9 SLEEP PRODUCTS WHO PURCHASED THEIR PRODUCT(S) DIRECTLY FROM AN AUTHORIZED CLOUD 9 SLEEP PRODUCTS DISTRIBUTION CHANNEL AND, IN THE CASE OF THE 100-NIGHT SLEEP TRIAL, MAY APPLY ONLY TO THOSE PURCHASERS WHO PURCHASED DIRECTLY FROM CLOUD 9 SLEEP PRODUCTS OR OUR AUTHORIZED DISTRIBUTOR. PURCHASES MADE FROM AMAZON.COM MAY BE SUBJECT TO DIFFERENT OR ADDITIONAL TERMS. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY. IN ADDITION, PLEASE NOTE THAT BOTH THE 100-Night Sleep Trial POLICY AND LIMITED WARRANTY APPLY ONLY IF THE PRODUCT IN QUESTION IS IN THE UNITED STATES AT THE TIME YOU WISH TO RETURN IT.
100-NIGHT SLEEP TRIAL POLICY.
If within the first 100 nights of sleeping on your new Cloud 9 Sleep Products MATTRESS you're not completely satisfied—for any reason— you may receive a full unconditional refund of your mattress less any rebate payments. Please note that if you return a product under our 100-Night Sleep Trial Policy that we originally shipped to an address in Alaska or Hawaii, we will be unable to refund the shipping fees that you paid for the original delivery.
Your returned mattress will likely be donated to a local charity or otherwise properly disposed. However, because we cannot handle international shipping and logistics expenses, your mattress must be in the United States at the time you wish to take advantage of the 100-Night Sleep Trial Policy.
Please note that, in all cases, the original receipt showing proof of purchase may be required to take advantage of the 100-Night Sleep Trial Policy.
This policy is limited to one return per household per year, and it must be exercised directly with Cloud 9 Sleep Products no later than the 100th day following delivery (or your personal possession) of the Product for which you want a refund.
As noted above, our 100-Night Sleep Trial Policy applies only to original purchasers of genuine Cloud 9 Sleep Products Products who purchased their product(s) directly from the website at CLOUD9SLEEPPRODUCTS.COM (including purchases made while visiting a Cloud 9 Sleep Products store) or our authorized distributor.. The 100-Night Sleep Trial Policy may not apply, or may apply differently, to purchases of Cloud 9 Sleep Products Products via other authorized Cloud 9 Sleep Products distribution channels (currently only Amazon.com), or from any other (unauthorized) sources. The 100-Night Sleep Trial Policy thus only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.
10-YEAR LIMITED MATTRESS WARRANTY.
Who and what does this Warranty cover?
We stand behind our mattresses and offer the following Limited Warranty (the “Warranty”) to prove it. The terms of our Warranty are as follows:
This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Cloud 9 Sleep Products mattress (the “Product”) for which you are seeking recourse under the Warranty and (b) purchased it directly from Cloud 9 Sleep Products or from an authorized Cloud 9 Sleep Products dealer.
This Warranty is limited to material defects caused by Cloud 9 Sleep Products’ use of defective materials or workmanship in the Product you have purchased.
Specifically, this Warranty covers the following defects, assuming they arise or appear in circumstances in which you have been using the Product only for its intended purpose and have not subjected it to other than normal wear and proper handling:
- A visible indentation or sag greater than three-quarters (3/4) of an inch in the foam material. This refers to an indentation that is visible when no weight is applied to the top of the Product. Please note that “normal wear” assumes and requires that your mattress is continuously supported by a proper foundation sufficient to support the distributed weight of your body and the mattress itself.
- Any physical flaw in the foam material that causes it to split or crack.
- Any manufacturing defect in the mattress cover such as the fabric tearing or stitching unraveling.
What will Cloud 9 Sleep Products do?
We will repair or replace the Product or its material components (e.g., the mattress cover). In the case of a manufacturing defect in the mattress cover, we may elect to repair or replace the mattress cover, rather than replace the entire mattress, and we reserve sole and complete discretion over that election. In the event we elect to replace the mattress cover, we'll replace it with the current style of cover available, which may be of a different color or material than the original, defective cover.
Any repair or replacement will not extend the original period of limited warranty, nor will it constitute the beginning of a new limited warranty period.
How long does the Warranty coverage last?
This Warranty for your new Cloud 9 Sleep Products mattress lasts for ten (10) years from the date of purchase. We don't pro-rate the terms (i.e. we don't reduce the total amount as time goes on).
What is not covered by this Warranty?
We don't cover changes to your mattress that are caused by or the result of normal wear and tear. Also, of course, we don’t cover changes caused by or resulting from circumstances or uses that go beyond the intended use of a mattress—namely, reclining and sleeping. For example, don't take your Cloud 9 Sleep Products for a ride down the river.
Every Cloud 9 Sleep Products mattress is crafted individually, one at a time. As such, some degree of individualization of the finished Product is an inherent part of that Product and to be expected. Imperfections that do not prevent ordinary use and enjoyment of the Product 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 considered to be defects for which you can seek a remedy under this Warranty.
Cloud 9 Sleep Products mattresses are designed to work on a firm, solid-surface, on a bed base (e.g., a frame or platform) that is structurally capable of supporting the weight of the mattress and user upon it. This Warranty does not cover your Product if you use it in a manner incompatible with that intended design.
More specifically, this 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 3/4” in the mattress as measured below the quilt level – in other words, settling of the fiber in the quilt is to be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; (h) naturally occurring cotton or foam aromas.
In addition, this 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 Product; (e) attempting to clean the Product in an inappropriate manner; and (f) improper storage of the Product (including storage in damp locations, areas infected with insects or rodents, or any other unprotected storage areas); (g) purchase from resellers who are not authorized retailers.
YOUR RIGHTS UNDER STATE LAW.
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. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
NO MEDICAL OR HEALTH CLAIMS.
Cloud 9 Sleep Products makes no medical or health claims regarding its mattresses. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.
HOW TO MAKE A CLAIM UNDER THIS WARRANTY.
To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Cloud 9 Sleep Products at firstname.lastname@example.org . Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the mattress prior to accepting a particular claim under this Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR 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 OUR 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 WE OR OUR 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 WE 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 CLOUD 9 SLEEP PRODUCTS’ LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO ANY SUCH LIABILITY.
This Warranty is governed by the laws of the State of California.
DISPUTE RESOLUTION / ARBITRATION / WAIVER OF CLASS ACTION RIGHT.
If a dispute arises between you and Cloud 9 Sleep Products arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration).
You must seek arbitration for disputes arising out of this Limited 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.
Cloud 9 Sleep Products is the Warrantor under this Warranty. Please contact us at email@example.com . Our address is 1001 W 17th Street, Suite E Costa Mesa, CA 92627.