LEVEL SLEEP 3 YEAR LIMITED TOPPER WARRANTY
Your Level Sleep Topper is covered by a 3 year Limited Warranty (the “Warranty”). The Warranty gives you certain legal rights.
HOW LONG DOES THE WARRANTY COVERAGE LAST?
This Warranty for your new Level Sleep Topper lasts for three (3) years from the date of purchase. We don't pro-rate the terms which means we’ll refund the entire amount throughout the life of the Warranty.
WHO DOES THIS WARRANTY COVER AND WHAT DOES IT INCLUDE?
The Warranty extends to topper(s) manufactured by Level Sleep LLC (“Level Sleep”) and purchased directly from Level Sleep or an authorized Level Sleep dealer (the “Toppers”). Some parts of this limited Warranty also extend to covers sold as part of the Toppers (“Covers”).
This Warranty is not transferable and covers you only if you are the first purchaser and current owner of the Topper for which you are seeking coverage under the Warranty. This Warranty is limited to defects caused by Level Sleep’s use of defective materials or poor workmanship in the Topper you have purchased.
Specifically, this Warranty covers the following defects, provided they arise or appear in cases in which you have been using the Product only for its intended purpose and have not subjected it to abnormal wear. This requires that your Topper is supported at all times by a proper foundation sufficient to support the weight of your body and the Topper itself, and proper handling:
- A visible sag or indentation greater than one inch (1”) in the foam material. This refers to an indentation that is visible when no weight is applied to the top of the Product.
- Any flaw in the foam material that causes it to split, rip or crack.
- Any flaws in the Topper cover such as fabric tearing, zipper pulling away, or stitching unraveling.
This Warranty does not cover the following:
- Imperfections that do not prevent ordinary use and enjoyment, for example, surfaces which may not be perfectly even, and corners which may not be perfectly shaped or symmetrical.
- A normal increase in the softness of the foam which does not hamper the pressure relieving qualities of the Topper.
- Physical abuse or damage to the Topper including but not limited to tears, stains, soiling, burns, and discoloration that occur over time.
- Damage caused by dampness or mold,
- Preferences relating to firmness, texture, or comfort.
- Normal body impressions not greater than 1” in the Topper as measured below the Topper Cover.
LEVEL SLEEP’S RESPONSIBILITIES:
In the event of a Defect, Level Sleep’s sole liability and your sole remedy under this Limited Warranty will either be to provide a repaired or replacement Topper or its material components (for example, the Topper cover), subject to your fulfillment of “Your Obligations” below. In the case of a manufacturing defect in the Topper cover, we may elect to repair or replace the Topper cover, rather than replace the entire Topper, and we reserve sole and complete discretion over that choice. In the event we elect to replace the Topper 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.
In the event of a Defect and in order to get the benefit of this limited Topper Warranty, you must return your Mattresses or Topper Cover to Level Sleep and provide us with proof of the original date of purchase. Should shipping costs be required to return your Topper, you will not be responsible for those costs. If you wish to replace your Topper with a more expensive Topper, then you will be required to pay the difference between the original purchase price of the Topper and that of the more expensive Topper, including any shipping costs associated with the more expensive Topper.
If you obtain a replaced or repaired Topper that is the same style and price as the original Topper, then the warranty term of the replaced or repaired Topper begins from the date of purchase of the original Topper. If you elect to receive a more expensive Topper, then you will be entitled to a new limited Topper Warranty based on the current warranty term of the new Topper.
HOW TO MAKE A CLAIM UNDER THIS WARRANTY.
To make a claim under this Warranty, send:
- A brief written description and photo of the problem;
- proof of purchase such as your order number
to LEVELsleep at firstname.lastname@example.org.
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.
OTHER TERMS AND CONDITIONS
LEVELsleep 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
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS LIMITED TOPPER WARRANTY, WE AND OUR RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND 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.
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 PURCHASE AND 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.
Updated August 15, 2016