Tuft & needle - canada
please read carefully
Effective as of June 8th, 2020.
Thank you for purchasing your Tuft & Needle product(s). We hold ourselves to high standards and are confident that you’ll be pleased with what you purchased (hereinafter your “Mattress” or “Product”). However, if you are dissatisfied or if you discover a defect in your Product, simply review our 100-Night 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 protected] or [email protected] for instructions on how to do so.
PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND OUR LIMITED WARRANTIES APPLY ONLY TO ORIGINAL PURCHASERS OF CERTAIN GENUINE TUFT & NEEDLE PRODUCTS WHO PURCHASED THEIR PRODUCT(S) FOR ORDINARY HOUSEHOLD USE DIRECTLY FROM AN AUTHORIZED TUFT & NEEDLE DISTRIBUTION CHANNEL AND, IN THE CASE OF THE 100-NIGHT TRIAL, MAY APPLY ONLY TO THOSE PURCHASERS WHO PURCHASED DIRECTLY FROM TUFT & NEEDLE. PURCHASES MADE FROM AMAZON.COM OR OTHER AUTHORIZED RETAILERS 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 TRIAL POLICY AND LIMITED WARRANTIES APPLY ONLY IF THE PRODUCT IN QUESTION WAS PURCHASED IN CANADA AND IS LOCATED IN CANADA AT THE TIME YOU WISH TO RETURN/REFUND IT.
10-Year Limited Mattress Warranty
Who And What Does This Limited Warranty Cover?
We stand behind our Original T&N mattresses (“Mattress” or “Product”) and offer a 10-Year Limited Warranty to prove it. The terms of the Limited Warranty are as follows:
Your new Mattress is covered by a 10-year limited warranty (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from province to province. This Limited Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Tuft & Needle mattress (the “Product”) for which you are seeking recourse under the Warranty, (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TUFTANDNEEDLE.CA or Amazon.ca, and (c) it is put solely to ordinary household (not commercial) use. The Limited Warranty thus only applies during the period in which the Mattress is owned and controlled by the original purchaser of that Mattress. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.
In addition, your Mattress must be in Canada at the time you wish to take advantage of this Limited Warranty.
This Limited Warranty is limited to material defects resulting from defective materials or workmanship in the Product you have purchased.
Specifically, this Limited Warranty covers the following defects, provided that they arise or appear in circumstances in which you have handled, maintained, and used the Product only for its intended purpose and have not subjected it to conditions likely to cause deterioration or damage beyond normal wear:
- A visible indentation or sag greater than three-quarters (3/4) of an inch in the foam material/below the cover level. 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. If you have questions about whether the foundation you are using or intend to use is adequate, please contact at [email protected] or [email protected]
- Any physical flaw in the foam material that causes it to split or crack under conditions of normal household use and proper handling.
- Any manufacturing defect, including faults in materials or manufacturing defects, including the mattress cover such as the fabric tearing or stitching unraveling.
What Will Tuft & Needle Do?
We will repair or replace the defective Product or the defective component(s) of the Product (if applicable). In the case of a manufacturing defect in a component of the Product, such as the Mattress cover, we may elect to repair or replace the component if practicable rather than replace the entire Mattress, and we reserve sole and complete discretion over that election. If we elect to replace the Product or component, we will replace it with the model, version, color, or style available at the time of replacement, which may be different in certain respects than the original you purchased. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.
Any repair or replacement will not extend the original Limited Warranty period, nor will it constitute the beginning of a new limited warranty period.
How Long Does The Limited Warranty Coverage Last?
This Limited Warranty for your new Tuft & Needle mattress lasts for ten (10) years from the date of purchase. We don't pro-rate the terms (meaning we don't reduce the total amount as time goes on).
What Is Not Covered By This Limited Warranty?
Information we collect from you.
This Limited Warranty does not cover changes to your Mattress that are caused by or result from normal wear and use. Nor do we cover commercial use, or changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and household uses of a mattress—namely, reclining and sleeping. (For example, don't take your mattress for a ride down a staircase or a river.) If you have questions about proper maintenance and use of your Mattress, please contact us at at [email protected] or [email protected] For example, Tuft & Needle Mattresses are designed to work on a firm, solid surface that is structurally capable of supporting the weight of the Mattress and user upon it, such as on a bed base (e.g., a frame or platform). This Limited Warranty does not cover your Product if you use it in a manner incompatible with that intended design and use.
In addition, some degree of individualization of your Tuft & Needle Mattress should be expected. Imperfections that do not prevent ordinary use and enjoyment of the Product 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 Limited Warranty.
More specifically, this Limited 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 cover level – in other words, some settling of the fiber in the cover should be expected and is not considered a “defect”); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, fabric or foam aromas.
In addition, this Limited 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 or cuts; (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) commercial use; and (h) purchase from resellers who are not authorized retailers.
No Medical or Health Claims
Tuft & Needle makes no medical or health claims. This website is not intended to provide medical advice. All information, content, and material on this website (including user-generated content) is provided for informational purposes only, and is not a substitute for the consultation, advice, diagnosis, and/or treatment of a qualified physician or other healthcare provider. Always seek professional medical attention if you suspect you have a health condition, or with questions regarding any medical or health concern. You should never disregard professional medical advice or treatment, or delay in seeking it, because of anything you have read on this website.
Allergies, discomfort, or other conditions, are not covered under this Limited Warranty.
How to Make a Claim Under the Limited Warranty
To make a claim under the Limited 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 Tuft & Needle at at [email protected] or [email protected]. Your failure to comply with these claim submission instructions may void this Limited Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the metal base 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 LIMITED 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 TUFT & NEEDLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.
This Limited Warranty is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.