25-YEAR Harvest Mattress Limited Warranty
GREEN ORIGINAL, VEGAN ORIGINAL, GREEN PILLOW TOP, VEGAN PILLOW TOP, GREEN ORIGINAL TWO-SIDED, GREEN PILLOW TOP TWO-SIDED
25-YEAR LIMITED MATTRESS WARRANTY
Starting on the date of purchase, your Harvest Green Mattress, Harvest Vegan Mattress, (the “Mattress”) is covered with a 25-year limited warranty (the “Mattress Warranty”). This Mattress Warranty extends to the original purchaser of the Mattress and extends to all mattresses purchased directly from Harvest Green Mattress or an approved Harvest Green Retail Experience Partner. The “original purchaser” for this Mattress Warranty is the first purchaser of the Mattress from directly from Harvest Green Mattress or an approved Harvest Green Retail Experience Partner. This Mattress Warranty is not transferable and applies only to a mattress purchased from Harvest Green Mattress by the original purchaser. Harvest Green Mattress warrants the Mattress against defects in material and workmanship set forth below (“Defects”) for 25 years. Suppose your Mattress has a defect covered under this Mattress Warranty. In that case, Harvest Green Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Warranty) will be, at Harvest Green Mattress’ option, to provide a replacement Mattress, subject to your fulfillment of your responsibilities as set forth herein. If Harvest Green Mattress chooses to replace the Mattress, the replacement will be the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued mattress; in this event a Mattress of like build and design, at Harvest Green Mattress’ discretion, will be used as a replacement for the defective Mattress.
YOUR RESPONSIBILITIES
The Mattress Warranty begins when the warrantee purchases the Mattress when it is used generally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Mattress and user(s). A proper bed frame is defined for this Mattress Warranty as having at least five to six (5-6) leg support for a Queen, King, and California King Mattress and four (4) leg support for Twin and Full Mattresses. Slatted-style bed frames cannot be more than five (5) inches between each slat to provide ample structural support for the foundation and user(s). Each slat must be two and a half (2.5) inches wide. In the case of a Mattress that is packaged in a compressed and rolled manner, also referred to as a “bed-in-a-box,” the Mattress Warranty is valid only for product that was opened within thirty (30) days of receiving the Mattress to prevent compression for an extended period. A compressed Mattress for a prolonged period will have structural damage and condensation from being packaged for an extended period of time. Harvest Green Mattress makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions are not covered under this Mattress Warranty. A licensed physician should address any questions or concerns regarding medical or health conditions. It is recommended that the user rotate the Mattress head-to-toe once a month for the first six months, then every other month for the life of the Mattress to ensure even wear. Failure to do so may void this Mattress Warranty. In select events where Harvest Green Mattress approves the issuance of a replacement Mattress, Harvest Green Mattress may ask that you assist in the donation process of the used Mattress to charity to help repurpose the Mattress for someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal, or donation of the original, defective Mattress from a legitimate organization before any replacement mattress or refunds are issued. This Mattress Warranty is not transferable and applies only to a mattress purchased from Harvest Green Mattress by the original purchaser.
DEFECTS COVERED UNDER THE MATTRESS WARRANTY:
- Any VISIBLE indentation equal or greater than one (1) inch that is NOT associated with or resulting from a faulty, improper, or unsupportive foundation, box spring, or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring, or base as determined by Harvest Green Mattress, the Mattress Warranty, without limitation, will be void. Harvest Green Mattress may require the purchaser to provide proof of the quality of the foundation, box spring, or base used. Harvest Green Mattress may request Video or Images expressing defects to substantiate this proof.
THIS MATTRESS WARRANTY DOES NOT COVER:
- Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and potentially unsanitary conditions.
YEARS 1-10: FULL COVERAGE — NON-PRORATED
During the first ten (10) years of the Mattress Warranty, Harvest Green Mattress will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated, which means that Harvest Green Mattress does not charge a percentage of the repair costs or replacement product based on the time you slept on the mattress before noticing a defect.
YEARS 11-25: LIMITED COVERAGE — PRORATED
During years 11-25 of the Mattress Warranty, Harvest Green Mattress will, at its option, replace the mattress at a prorated charge to the purchaser in addition to transportation or shipping charges. The prorated replacement charge will depend on the year the Mattress is replaced. If the Mattress is replaced during the eleventh (11th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress is replaced after the eleventh (11th) year but before the twenty-first (21st) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 55% of the original purchase price if replaced during year twelve (12); 60% of the original purchase price if replaced during year thirteen (13), etc. Suppose the mattress is replaced in year twenty-one (21) or any point after that before the expiration of the Mattress Warranty. In that case, the prorated replacement charge will be 95% of the original purchase price. The replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except for a discontinued Mattress. In this event, a Mattress of like build and design, at Harvest Green Mattress’ discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Warranty as the original Mattress. If you obtain a replaced or repaired Mattress, the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If applicable, a replacement mattress ends your sleep trial.
MAKING A CLAIM
To make a valid claim under this Mattress Warranty, you must: Fill out a warranty claim form supplied when you contact support@harvestgreenmattress.com. All requirements are listed on the warranty claim form. Requirements include, but are not limited to, a narrative describing the defect and how it is affecting the performance of the Mattress, as well as:
- Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
- Photographic evidence of the law tag evidence that the law tag remains on the bed and has not been altered.
- Photos or Videos of the mattress, base, and defect, in accordance with the warranty. All measurements must be measured with a tailor tape. Our products have curves, and thus a standard tape measure does not suffice.
Please send all requested documentation to support@harvestgreenmattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Harvest Green Mattress to provide a remedy if necessary. Harvest Green Mattress reserves the full right, in Harvest Green Mattress’ sole discretion, to require photographs, videos, or any further information or descriptions or to send a representative or independent Mattress inspector to physically inspect the Mattress before accepting your claim under this Mattress Warranty. Your Mattress 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 Warranty. The serviceable area for all Harvest Mattress, LLC products is addressed within the 50 states of the United States only, including Alaska and Hawaii. If your Harvest Green Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return.
DISCLAIMER: LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, Harvest Green Mattress and its authorized resellers (Experience Partners), distributors, or suppliers make no representations, warranties, or conditions, express or implied, beyond those outlined in this warranty and non-puffery claims in Harvest Green Mattress marketing materials. Each of those parties disclaims any 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 Harvest Green Mattress or its resellers, distributors, 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 or use of the product, even if Harvest Green Mattress 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 Harvest Green Mattress’ liability exceed the purchase price paid for the mattress giving rise to any such liability.
ARBITRATION
Suppose a dispute arises between you and Harvest Green Mattress from or relating to this Mattress Warranty. In that case, that dispute will be resolved in accordance with the general dispute resolution provisions of the Harvest Green Mattress terms of service. The arbitration under this provision will be deemed final and binding and will not be subject to appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Warranty before exercising any rights or seeking any remedies created by Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the Harvest Green Mattress terms of service, an arbitration concerning a dispute arising out of or relating to this Mattress 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 allowed to assert your own claim. You 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). 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.
GOVERNING LAW
The laws of the State of Illinois will govern this limited Mattress Warranty.
WARRANTOR
Harvest Green Mattress, 3535 W 47th St, Chicago, IL 60632 support@harvestgreenomattress.com
ESSENTIALS MATTRESS
HARVEST ESSENTIALS MATTRESS
10-YEAR LIMITED MATTRESS WARRANTY
Starting on the date of purchase, your Harvest Green Essentials Mattress (the “Mattress”) is covered with a 10-year limited warranty (the “Mattress Warranty”). This Mattress Warranty extends to the original purchaser of the Mattress and extends to all mattresses purchased directly from Harvest Green Mattress or an approved Harvest Green Retail Experience Partner. The “original purchaser” for the purposes this Mattress Warranty is the first purchaser of the Mattress directly from Harvest Green Mattress or an approved Harvest Green Retail Experience Partner. This Mattress Warranty is not transferable and applies only to a mattress purchased from Harvest Green Mattress by the original purchaser. Harvest Green Mattress warrants the Mattress against defects in material and workmanship set forth below (“Defects”) for ten years. Suppose your Mattress has a defect covered under this Mattress Warranty. In that case, Harvest Green Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Warranty) will be, at Harvest Green Mattress’ option, to provide a replacement Mattress, subject to your fulfillment of your responsibilities as set forth herein. If Harvest Green Mattress chooses to replace the Mattress, the replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued mattress; in this event, a Mattress of like build and design, at Harvest Green Mattress’ discretion, will be used as a replacement for the defective Mattress.
YOUR RESPONSIBILITIES
The Mattress Warranty begins when the warrantee purchases the Mattress when it is used generally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Mattress and user(s). A proper bed frame is defined for this Mattress Warranty as having at least five to six (5-6) leg support for a Queen, King, and California King Mattress and four (4) leg support for Twin and Full Mattresses. Slatted-style bed frames cannot be more than five (5) inches between each slat to provide ample structural support for the foundation and user(s). Each slat must be two and a half (2.5) inches wide. In the case of a Mattress that is packaged in a compressed and rolled manner, also referred to as a “bed-in-a-box,” the Mattress Warranty is valid only for product that was opened within thirty (30) days of receiving the Mattress to prevent compression for an extended time. A Mattress that is compressed for a prolonged period will have structural damage or condensation from being packaged for an extended time. Harvest Green Mattress makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions are not covered under this Mattress Warranty. A licensed physician should address any questions or concerns regarding medical or health conditions. It is recommended that the user rotate the Mattress head-to-toe once a month for the first six months, then every other month for the life of the Mattress to ensure even wear. Failure to do so may void this Mattress Warranty. In select events where Harvest Green Mattress approves the issuance of a replacement Mattress, Harvest Green Mattress may ask that you assist in the donation process of the used Mattress to charity to help repurpose the Mattress for someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective Mattress from a legitimate organization before any replacement mattress or refunds will be issued. This Mattress Warranty is not transferable and applies only to a mattress purchased from Harvest Green Mattress by the original purchaser.
DEFECTS COVERED UNDER THE MATTRESS WARRANTY:
- Any VISIBLE indentation equal or greater than one (1) inch that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring, or base as determined by Harvest Green Mattress, the Mattress Warranty, without limitation, will be void. Harvest Green Mattress may require the purchaser to provide proof of the quality of the foundation, box spring, or base used. Harvest Green Mattress may request Video or Images expressing defects to substantiate this proof.
- Any physical flaw in the natural latex foam that causes it to split or crack under conditions of everyday use and proper handling.
- Any manufacturing defect in the Mattress cover, such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress, NOT caused by normal wear and tear or that affect the performance of the Mattress.
- Size variations greater than 2 inches in any dimension after 30 days of regular usage.
THIS MATTRESS WARRANTY DOES NOT COVER:
- Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress 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 is solely provided as a guideline. Harvest Green Mattress does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to your liking.
- Mold, odors, or discoloration caused by abnormal care including, but not limited to, liquid spills, improper ventilation including, but not limited to, humid climates or areas where the Mattress is exposed to excessive water or humidity.
- Damage associated with an improper bed frame, foundation, box spring, or base as determined solely by Harvest Green Mattress.
- Imperfections that do not prevent ordinary use and enjoyment of the Mattress 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 Warranty. More specifically, this Mattress 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 one (1) inch in the Mattress as measured below the quilt level — in other words, some settling of the fiber in the quilt should be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, wool, or latex foam aromas.
YEARS 1-5: FULL COVERAGE — NON-PRORATED
During the first five (5) years of the Mattress Warranty, Harvest Green Mattress will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated, which means that Harvest Green Mattress does not charge a percentage of the repair costs or replacement product based on the time you slept on the mattress before noticing a defect.
YEARS 6-10: LIMITED COVERAGE — PRORATED
During years 6-10 of the Mattress Warranty, Harvest Green Mattress will, at its option, replace the mattress at a prorated charge to the purchaser in addition to transportation and shipping charges. The prorated replacement charged will depend on the year the Mattress is replaced. If the Mattress is replaced during the sixth (6th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress is replaced after the sixth (6th) year but before the seventh (7th) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 55% of the original purchase price if replaced during year twelve (12); 60% of the original purchase price if replaced during year seven (7), etc. Suppose the mattress is replaced in year seven (7) or any point affter that before the expiration of the Mattress Warranty. In that case, the prorated replacement charge will be 95% of the original purchase price. The replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except for a discontinued Mattress. In this event, a Mattress of like build and design, at Harvest Green Mattress’ discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Warranty as the original Mattress. If you obtain a replaced or repaired Mattress, the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If applicable, a replacement mattress ends your sleep trial.
MAKING A CLAIM
To make a valid claim under this Mattress Warranty, you must: Fill out a warranty claim form supplied when you contact support@harvestgreenmattress.com. All requirements are listed on the warranty claim form. Requirements include, but are not limited to, a narrative describing the defect and how it is affecting the performance of the Mattress, as well as:
- Valid original proof of purchase demonstrating the date of purchase and that the claimant is the original purchaser and still has the bed.
- Photographic evidence of the law tag evidence that the law tag remains on the bed and has not been altered.
- Photos or Video of the mattress, base, and defect, in accordance with the warranty. All measurements must be measured with a tailor tape. Our products have curves, and thus a standard tape measure does not suffice.
Please send all requested documentation to support@harvestgreenmattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Harvest Green Mattress to provide a remedy if necessary. Harvest Green Mattress reserves the full right, in Harvest Green Mattress’ sole discretion, to require photographs, videos, or any further information or descriptions or to send a representative or independent Mattress inspector to physically inspect the Mattress before accepting your claim under this Mattress Warranty. Your Mattress 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 Warranty. The serviceable area for all Harvest Mattress, LLC products is addressed within the 50 states of the United States only, including Alaska and Hawaii. If your Harvest Green Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return.
DISCLAIMER: LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, Harvest Green Mattress and its authorized resellers (Experience Partners), distributors, and suppliers make no representations, warranties or conditions, express or implied, beyond those outlined in this warranty and non-puffery claims in Harvest Green Mattress 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 Harvest Green Mattress or its resellers, distributors, 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 or use of the product, even if Harvest Green Mattress 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 Harvest Green Mattress’ liability exceed the purchase price paid for the mattress giving rise to any such liability.
ARBITRATION
Suppose a dispute arises between you and Harvest Green Mattress from or relating to this Mattress Warranty. In that case, that dispute will be resolved in accordance with the general dispute resolution provisions of the Harvest Green Mattress terms of service. According to this provision,the arbritration will be deemed final and binding and will not be subject to appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Warranty before exercising any rights or seeking any remedies created by Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the Harvest Green Mattress terms of service, an arbitration concerning a dispute arising out of or relating to this Mattress 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 claim. You 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). 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.
GOVERNING LAW
This limited Mattress Warranty will be governed by the laws of the State of Illinois.
WARRANTOR
Harvest Green Mattress, 3535 W 47th St, Chicago, IL 60632 support@harvestgreenomattress.com
MATTRESS TOPPERS
GREEN TOPPERS, VEGAN TOPPERS
10-YEAR LIMITED MATTRESS TOPPER WARRANTY
If you purchased your Mattress Topper on the same order as your mattress, the warranty is extended to a 25-year limited warranty. Beginning on the date of purchase, your new Harvest Green Mattress Topper and Harvest Vegan Mattress Topper (the “Mattress Topper”) are covered by a 10-year limited warranty (the “Mattress Topper Warranty”). This Mattress Topper Warranty extends to the original purchaser of the Mattress Topper and extends to all Mattress Toppers purchased directly from Harvest Green Mattress (“Harvest Mattress”). The “original purchaser” for this Mattress Topper Warranty is the first purchaser of the Mattress Topper from Harvest Green Mattress. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Harvest Green Mattress by the original purchaser. Harvest Green Mattress warrants the Mattress Topper against the defects in material and workmanship set forth below (“Defects”) for ten years from the time your Mattress Topper is purchased by you when the Mattress Topper is used generally for its intended purposes on top of an existing mattress. Suppose your Mattress Topper has a defect covered under this Mattress Topper Warranty. In that case, Harvest Green Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Topper Warranty) will be, at Harvest Green Mattress’ option, to provide a replacement Mattress Topper, subject to the fulfillment of your obligations as set forth herein. In the event Harvest Green Mattress 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 Harvest Green Mattress’ discretion, will be used as a replacement for the defective Mattress Topper.
YOUR RESPONSIBILITIES
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 condensation from being packaged for an extended period. Harvest Green Mattress makes no medical or health claims regarding its Mattress Toppers. Allergies, discomfort, or other conditions are not covered under this Mattress Topper Warranty. A licensed physician should address any questions or concerns regarding medical or health conditions. 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, to ensure even wear. In the event of the issuance of a replacement Mattress Topper, Harvest Green Mattress may ask you to assist in donating the used Mattress Topper to a local charity to help repurpose the Mattress Topper to someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal, or donation of the original, defective mattress from a legitimate organization before any replacement mattress or refunds will be issued. Harvest Green Mattress is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Harvest Green Mattress by the original purchaser.
DEFECTS COVERED UNDER THE MATTRESS TOPPER WARRANTY:
- Any VISIBLE indentation equal or greater than one (1) inch that is 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.
- Any physical flaw in the natural latex foam that causes it to split or crack under conditions of regular use and proper handling.
- Any manufacturing defect in the Mattress Topper cover, such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress Topper, not caused by normal wear and tear or that affect the performance of the Mattress Topper.
THE TOPPER WARRANTY DOES NOT COVER
- Using the Mattress Topper on any other surface other than an existing mattress.
- 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 is solely provided as a guideline, and Harvest Green Mattress 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 or materials, including, but not limited to, burns, cuts, tears, or liquid damage.
- Mold, odors, or discoloration caused by abnormal care, including, but not limited to,liquid spills, improper ventilation, humid climates, and areas where the Mattress Topper is exposed to excessive water or humidity.
- Imperfections that do not prevent ordinary use and enjoyment of the Mattress Topper by a reasonable person are not considered 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 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 one (1) inch in the Mattress Topper as measured below the quilt level — in other words, some settling of the fiber in the quilt should be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, wool, or latex foam aromas.
- 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 an improper bed frame; (d) physically abusing the Mattress Topper; (e) attempting to clean the Mattress Topper in an inappropriately; and (f) improper storage of the Mattress Topper (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers.
YEARS 1-5: FULL COVERAGE — NON-PRORATED
During the first five (5) years of the Mattress Topper Warranty, Harvest Green Mattress will not charge purchaser to repair or replace purchaser’s Mattress Topper if it qualifies under the Mattress Topper Warranty. This period is non-prorated, which means that Harvest Green Mattress does not charge a percentage of the repair costs or replacement product based on the time you slept on the Mattress Topper before noticing a defect.
YEARS 6-10: LIMITED COVERAGEE — PRORATED
During years 6-10 of this Mattress Topper Warranty, Harvest Green Mattress will, at its option, replace the Mattress Topper at a prorated charge to the purchaser, plus transportation and shipping charges. The prorated replacement charge will depend on the year that the Mattress Topper is replaced. If the Mattress Topper is replaced during the sixth (6th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress Topper is replaced after the seventh (7th) year, the prorated replacement charge the purchaser pays will increase by ten (10) percent for each subsequent year of the prorated period. Suppose the Mattress Topper is replaced in year ten (10) or any point thereafter prior to the Mattress Topper warranty expiration. In that case, the prorated replacement charge will be 90% of the original purchase price. The replacement will be the same model and size as the original Mattress Topper purchased. In no event will a substitution model be used as a replacement except for a discontinued Mattress Topper. In this event, a Mattress Topper of like build and design, at Harvest Green Mattress’ 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. If applicable, a replacement mattress topper ends your sleep trial.
MAKING A CLAIM
To make a valid claim under this Mattress Topper Warranty, you must: Fill out a warranty ticket supplied when you contact support@harvestgreenmattress.com. This should include a brief narrative describing the defect and how it affects the performance of the Mattress Topper. You must also provide: Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the Mattress Topper. Photographic evidence of the law tag evidences that the law tag remains on the bed and has not been altered. Photos of the defect if you believe it would help Harvest Green Mattress understand the nature of the defect or if Harvest Green Mattress requests them. Please send all requested documentation to support@harvestgreenmattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Harvest Green Mattress to provide a remedy if necessary. Harvest Green Mattress reserves the right, in Harvest Green Mattress’ sole discretion, to require photographs, further information, or descriptions or to send a representative or independent mattress 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 Harvest Green Mattress products is addressed within the 50 states of the United States only, including Alaska and Hawaii. If your Harvest Green Mattress product is located outside the USA, you are responsible for any costs associated with pick-up and return. Harvest Green Mattress is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.
DISCLAIMER: LIMITATIONS ON LIABILITY
To make a valid claim under this Mattress Topper Warranty, you must: Fill out a warranty ticket supplied when you contact support@harvestgreenmattress.com. This should include a brief narrative describing the defect and how it affects the performance of the Mattress Topper. 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.
- Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
- Photos or Videos of the defect if you believe it would help Harvest Green Mattress understand the nature of the defect, or if Harvest Green Mattress requests them.
- Please send all requested documentation to support@harvestgreenmattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Harvest Green Mattress to provide a remedy if necessary. Harvest Green Mattress reserves the right, in Harvest Green Mattress’ sole discretion, to require photographs, further information, or descriptions or to send a representative or independent mattress inspector to physically inspect the Mattress Topper before 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 Harvest Green Mattress products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Harvest Green Mattress product is located outside the USA, you are responsible for any costs associated with pick-up and return. Harvest Green Mattress is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.
DISCLAIMER: LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, Harvest Green Mattress and its authorized resellers, distributors, and suppliers make no representations, warranties, or conditions, express or implied, beyond those outlined in this warranty and non-puffery claims in Harvest Green Mattress 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 Harvest Green Mattress or its resellers, distributors, 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 or use of the product, even if Harvest Green Mattress 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 Harvest Green Mattress’ liability exceed the purchase price paid for the Mattress Topper, giving rise to any such liability.
ARBITRATION
Suppose a dispute arises between you and Harvest Green Mattress arising out of or relating to this Mattress Topper Warranty. In that case, that dispute will be resolved in accordance with the general dispute resolution provisions of the Harvest Green Mattress terms of service. The arbitration conducted according to this provision will be deemed final and binding and will not be subject to appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Topper Warranty before 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 the Harvest Green Mattress 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 allowed to assert claim. You 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). 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.
GOVERNING LAW
The laws of the State of Illinois will govern this limited Mattress Topper Warranty.
WARRANTOR
Harvest Green Mattress, 3535 W 47th Street, Chicago, IL 60632 support@harvestgreenmattress.com
ORGANIC PILLOWS
SHEETS, PILLOWCASES, PILLOW PROTECTORS, DUVETS
ONE-YEAR LIMITED BEDDING WARRANTY
Beginning on the date of purchase, your new Harvest Green Queen Pillow, Harvest Green Side Sleeper Pillow (the “Pillow”), is covered by a one-year limited warranty (the “Pillow Warranty”). This Pillow Warranty extends to the original purchaser of the Harvest Green Queen Pillow, Harvest Green Side Sleeper Pillow (“Pillow”). It extends to all Pillows purchased directly from Harvest Green Mattress (“Harvest Green Mattress”). The “original purchaser” for this Pillow Warranty is the first purchaser of the Pillow from Harvest Green Mattress. This Pillow Warranty is not transferable and applies only to Pillows purchased from Harvest Green Mattress by the original purchaser. Harvest Green Mattress warrants the Pillow against the defects in material and workmanship one year from the time your Pillow is purchased by you, when the Pillow is generally used for its intended purposes.
YOUR RESPONSIBILITIES
In the event of a defect, Harvest Green Mattress’ sole and exclusive liability and your sole remedy under this Pillow Warranty will be, at Harvest Green Mattress’ option, to provide a replacement, subject to your fulfillment of the requirements set forth below. To benefit from this Pillow Warranty, you must return your Pillow to Harvest Green Mattress or the product manufacturer and provide Harvest Green Mattress with proof of the original date of purchase and evidence that the Pillow was returned. Harvest Green Mattress is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.
THE PILLOW WARRANTY DOES NOT COVER
(a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discolorations that occur over time; (d) dampness or mold; (e) firmness preference or a change in comfort; (f) allergies and sensitivities; (g) naturally occurring cotton, wool, or latex aromas; and (h) Products sold or given away as promotional items, “as is”, or “floor models.” In addition, this Warranty does not cover conditions resulting from abusive handling, misuse, or neglect, and the following, if found upon inspection, will void your Warranty: (a) damage of the pillow to misuse or abuse; (b) any unsanitary condition; (c) burns; (d) improper or inadequate return packaging; (e) missing law label; (f) improper use; (g) attempting to clean the Product inappropriately; and (h) improper storage of the Product. This Warranty does not cover shipping charges associated with returning the damaged Product or shipping any replacement Product. This warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discolorations that occur over time; (d) dampness or mold; (e) firmness preference or a change in comfort; (f) allergies and sensitivities; (g) naturally occurring cotton, wool, or latex aromas; and (h) Products sold or given away as promotional items, “as is”, or “floor models.” In addition, this Warranty does not cover conditions resulting from abusive handling, misuse, or neglect, and the following, if found upon inspection, will void your Warranty: (a) damage of the pillow to misuse or abuse; (b) any unsanitary condition; (c) burns; (d) improper or inadequate return packaging; (e) missing law label; (f) improper use; (g) attempting to clean the Product inappropriately; and (h) improper storage of the Product. This Warranty does not cover shipping charges associated with returning the damaged Product or shipping any replacement Product.
MAKING A CLAIM
To file a claim under this warranty, please submit a request to support@harvestgreenmattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Pillow. It will be provided to you once Harvest Green Mattress has reviewed your submissions and determined tha this Pillow Warranty covers a defect. In the event of a defect, Harvest Green Mattress will ship a replacement to you upon proof that you returned the defective Pillow. Replaced Pillows are subject to the same Pillow Warranty as the original. For example, if you obtain replacement that is the same style and price as the original, then the Pillow Warranty term of the replaced Pillow begins from the date of purchase. The serviceable area for all Harvest Green Mattress products is addressed within the 50 states of the United States only, including Alaska and Hawaii. If your Harvest Green Mattress product is located outside the USA, you are responsible for any costs associated with pick-up and return. Harvest Green is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.
DISCLAIMER: LIMITATIONS ON LIABILITY
To the extent permissible by applicable law, the Pillow is provided “as is” and this Pillow Warranty and any implied warranties are your exclusive warranties and replace all other warranties or conditions, express or implied. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. To the maximum extent permitted by applicable law and except as outlined in this Pillow Warranty, in no event will Harvest Green Mattress or its suppliers be liable for procurement of substitute products or other special, incidental, consequential, or indirect damages arising out of or related to the Bedding or its use by you or any third party, whether under theory of contract, tort (including negligence), indemnity, product liability, or otherwise. This limitation will apply even if Harvest Green Mattress has been advised of such damages, not with standing the failure of essential purpose of any limited remedy. Harvest Green Mattress’ total liability will not exceed the purchase price paid for the pillow giving rise to such liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
ARBITRATION
Suppose a dispute arises between you and Harvest Green Mattress from or relating to this Pillow Warranty. In that case, that dispute will be resolved in accordance with the general dispute resolution provisions of the Harvest Green Mattress terms of service. According to this provision, the arbitration will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Pillow Warranty before exercising any rights or seeking any remedies created byTitle I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the Harvest Green Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Pillow 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 allowed to assert your claim. You 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). 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.
GOVERNING LAW
This limited Pillow Warranty will be governed by the laws of the State of Illinois.
WARRANTOR
Harvest Green Mattress, 3535 W 47th Street, Chicago, IL 60632 support@harvestgreenmattress.com