Muse Mattress Topper Limited Warranty

Muse Mattress Limited Warranty
Muse Pillow Limited Warranty
Muse Mattress Protector Limited Warranty

Thank you for purchasing a Muse mattress topper. You can rest easy knowing that your new mattress topper is covered by a 5-Year Limited Warranty.

Our Limited Warranty (“Warranty”) applies only to the original purchaser of our products and to those products that were purchased from an authorized dealer. Please retain your purchase receipt as it will be needed to make a claim against this Warranty. The Warranty applies only to products that are currently sold within the continental United States or Canada.

Warranty Coverage

This Warranty covers the original purchaser and current owner (“Purchaser”) of a new mattress topper (the “Product”) that is being used for normal household purposes, and that is purchased from an authorized dealer. This Warranty is non-transferrable.

Additionally, this Warranty applies only if the Purchaser has properly handled, used, and maintained the Product in accordance with the care tags that come with the Product and have not handled or used the Product in a manner that would likely cause damage beyond the normal wear and tear of the Product.

The following defects covered by this Warranty include:

Sinkage, body impressions or indentations in the mattress foam measuring one and a half (1.5) or more inches in depth.
Cracks or splits in the mattress topper foam, which have a significant impact on the performance of the mattress topper. The cracks or splits in the topper must not be the result of abuse or misuse by the users. Abuse or misuse includes a lack of proper support underneath the mattress topper or improper handling of the mattress topper.

This Warranty does not apply to damage caused by:

Normal wear and tear,
Above average wear and tear such as physical abuse and damage,
Any use of the Product that is beyond its intended use,
Damage due to Purchaser’s failing to use proper support,
Damage occurring during moves between residences, or while in storage,
Smoke, fire, animals, or acts of God,
Damage caused by or resulting from mold or mildew, or theft, vandalism or other crimes, or any loss that is covered by an insurance policy.

In addition, this Warranty does not apply to:

Toppers used commercially or toppers not purchased from the same authorized dealer,
Floor models or “demos”,
Minor imperfections,
Allergy or sensitivities, or
Any personal preference issues with the level of comfort or cooling properties of the topper
Deterioration of the mattress topper due to normal wear and tear, including foam indentations of less than one and a half (1.5) inches
A normal increase in memory foam softness or a decrease in the elasticity of the product as these aspects do not affect the pressure-relieving qualities of the topper.

 

Continuing to use an obviously damaged Product voids this Warranty. Warrantor reserves the right, in its sole discretion, to void this Warranty for any reason.

How long does the warranty coverage last?

The Warranty Period shall mean a period of five (5) years from the date of original purchase. This Warranty shall terminate in the event that Warrantor satisfies its Warranty obligations herein with respect to any claim. Any repair or replacement will not extend the Warranty beyond five (5) years. No subsequent claims will be covered.

What will Warrantor do?

If the Product fails as a result of one of the warrantable defects stated above during the Warranty Period, Warrantor will, in its sole discretion, either repair or replace the Product with one of comparable quality to the extent possible, but the replacement available at the time may be different in some aspects from the originally purchased model.

Should Purchaser decide to upgrade the replacement Product, Purchaser is responsible for the difference in price between the original and the replacement Products.
Warrantor’s repair or replacement obligations hereunder shall not arise unless Purchaser complies with all of the conditions identified herein.

To make a claim, the Purchaser must:

Be the original, and current owner, of the Product,
Have purchased the Product from an authorized dealer
Have a warrantable defect with the Product as defined above,
Submit a claim in writing detailing the warrantable defect within 5 days of discovering the product issue,
Submit a photo of the defect (if possible),
Provide an address within the continental United States or Canada where the Product is currently located, and
Provide a copy of the purchase receipt.

 

Your failure to comply with any of these terms may void the Warranty.

Warrantor

Skytex, Inc., doing business as Muse Sleep, is the Warrantor of this Warranty. Please contact us at hello@MuseSleep.com. Our address is:

Muse Sleep
2923 S. Tryon St. Suite 140,
Charlotte, NC 28203.

All claims should be sent to hello@MuseSleep.com

Additional Terms

The foregoing express warranties are the sole warranties given by Skytex, Inc., doing business as Muse Sleep, and shall extend only to Purchaser. For any sales other than to a consumer purchasing for household use, all implied warranties, including but not limited to any implied Warranty of merchantability or fitness for a particular purpose or use, are excluded and disclaimed. In no event shall Skytex, Inc., doing business as Muse Sleep, be liable for incidental, consequential, punitive, or other indirect damages arising from the purchase or use of the Product. The remedies provided herein are the sole and exclusive remedies of Purchaser. This Warranty is non-transferrable. This Warranty shall be interpreted in accordance with the laws of the State of North Carolina, without regard to any authority relating to conflicts of laws. Legal rights vary from state to state. You may wish to speak with an attorney to find out what your specific legal rights are.

Any controversy or claim arising out of the enforceability or validity of the terms of this Warranty shall be settled by mandatory and binding arbitration.  The parties shall choose an arbitrator by agreement.  If the parties are not able to agree on the choice of an arbitrator, then legal counsel for the respective parties shall choose an uninterested third party who shall select an arbitrator.  The parties can use any recognized Rules of Arbitration upon which they can agree.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.