Warranty - NECTAR sleep

Don’t Settle For Anything Less

The NECTAR Forever Warranty™ is the strongest and longest in the business (we know, because we checked).

The NECTAR Forever Warranty™ is the
strongest and longest in the business
(we know, because we checked).

At NECTAR, we’ve truly got you, and your mattress, covered...forever.

Lifelong Peace of Mind

This NECTAR mattress could well be the last mattress you’ll ever have to buy. If that sounds good to you, then we’re here to support you and help make it happen. You’re in it for the long run, and so are we.

“Super comfortable mattress.
Very high quality materials and feels super nice. Definitely seems like it will last a long long time.”

— Ben H., Mesa, AZ

Warranty Highlights

The full, small print-free, NECTAR Forever Warranty™ is written out below, but to give you a taste, here are the highlights:

For the first 10 years of ownership, we’ll replace your mattress with a brand new NECTAR at absolutely no charge to you if yours is defective in workmanship or materials. From year 10 on, we’ll completely repair and re-cover your NECTAR, or replace your NECTAR, waiving all transportation costs if a manufacturing defect or materials failure is confirmed to exist.

Read Full Warranty

“I really love my mattress. It has the perfect amount of support for me. I am sleeping like a baby and finally waking up refreshed. Customer service is very helpful and I am always able to get in touch with someone.”

— Randi S., Old Bridge, NJ

How Do We Do It?

While we’re incredibly proud to offer such an impressive warranty, the truth is: it’s not that hard. The technology and materials exist today to make products that easily last.

Most companies shy away from using these high-end materials, either because they want to encourage their customers to buy from them again and again, or because they want to boost profits by cutting corners.

We don’t believe in doing either of those things. We want you to be satisfied for as long as humanly possible with your NECTAR mattress. If you do buy from us again, we want it to be mattresses for all the other rooms in your house, or for your kids or parents.

“Exactly what I was expecting, if not more! I ordered two mattresses and my son loves his as much as I love mine. Will probably order a third one for the guest room.”

— Scott K., Surprise, AZ

Why Do We Do It?

We’re in it for two solid reasons: you, and the world.
At the risk of sounding corny, we do it because we care.

mattresses and box springs thrown out every year

Did you know that in United States alone, nearly 9,000,000 mattresses and boxsprings get thrown out every year? At 250 million pounds, that’s enough to fill 45,000 tractor trailers, which placed end to end would stretch out over 680 miles.*

Like you, we want to be a part of the solution, not the problem. That’s why we designed our mattresses to work with every bed type and last as long as possible and go on to back them up with a warranty to match.

*source: http://nationwiderecycling.com/environment.cfm

“Hands down the best mattress I have ever owned. My husband and I love it. And after researching online I truly believe it's the best mattress for the best price, best warranty, and longest trial period (at 365 days versus 100 days for most of the others).”

— Christian S., Ft. Lauderdale, FL

The NECTAR Forever Warranty™

You’re probably not used to seeing this kind of lifelong commitment from a company, especially not online. We get that. But we don’t think that means that you shouldn’t get it from us.

We also know that sceptics might think our warranty is “too good to be true” or that it’s undone “in the small print”. To happily prove them wrong, below is our entire warranty (all of it) displayed in large print (there is literally no small print in our warranty).

“Our experience dealing with Nectar has been both super and easy.”

— Brett M., San Antonio, TX

WARRANTY COVERAGE

LIMITED WARRANTY TERMS

Your new Nectar mattress is covered by a Limited Nectar Forever Warranty (the “Warranty”) for the full period of the original owner’s (“you”) ownership and use.

WHO IS COVERED

This warranty is valid only for the original purchaser from the original purchase date of the Mattress and is non-transferable. The “original purchaser,” for the purposes of this Warranty, is the first purchaser of the Mattress from Nectar or a Nectar authorized retailer. Please retain a copy of your receipt as proof of purchase and owner.

If the original purchaser sells or otherwise relinquishes ownership of the mattress to another, this Warranty terminates and the subsequent owner accepts the product “as is” and “with all faults.”

WHAT IS WARRANTED

This Warranty extends to mattresses manufactured by Nectar Sleep (“Nectar”) and purchased directly from Nectar or Nectar’s authorized retailers (the “Mattresses”). Some parts of this Warranty also extend to covers sold with Mattresses.

Nectar warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for the full period of ownership by you and use by you commencing from the time your Mattress is purchased by you.

Replaced or repaired Mattresses are subject to the same Warranty as the original Mattress. For example, 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.

THE FOLLOWING DEFECTS ARE COVERED

Deterioration causing the Mattress to have a visible indentation greater than one (1.5″) one and one half inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or bed base. Normal wear requires that a Mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and user(s).

Any physical flaw in the Mattress that causes the foam material to evidence degradation, split or crack, despite normal usage and proper handling.

Any manufacturing defect in the assembly of the Mattress Cover.

THIS MATTRESS WARRANTY DOES NOT COVER

Any product which has been subject to misuse, neglect, accident or used in violation of instructions, including instructions to place mattress on proper bed frame.

A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.

Comfort preference.

Defects caused by physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains.

Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

WARRANTY REMEDY

In the event of a Defect (as defined above), Nectar’s sole liability and your sole remedies under this Warranty will be:

For the first 10 years of ownership, we will replace your mattress with a brand new Nectar at absolutely no charge to you.
In years 10+ Nectar will completely repair and re-cover your Nectar, or replace your Nectar, at Nectar’s option. The only charge you will incur will be a transportation costs of $50 each way, which charges will be waived if a Defect is confirmed to exist by Nectar.

CLAIMS & ARBITRATION

YOUR RESPONSIBILITIES

In order for this Warranty to apply, the Mattresses must be used on a firm, solid-surface, such as a bed base that is structurally capable of supporting the weight of the Mattress and user(s) for the entirety of its use.

You must return your Mattress or Mattress Cover and show proof of original purchase. In years 10+, You will be responsible for a $50 shipping fee, each way, associated with shipping replaced or repaired Mattresses. This fee will be waived upon Nectar’s confirmation of a Defect in materials or workmanship. At Nectar’s option, Nectar may authorize you to provide photo evidence of defect in lieu of retuning the Mattress.

HOW TO MAKE A WARRANTY CLAIM

Nectar Sleep
2000 University Center, Palo Alto, CA 94303
+1 888-8NECTAR

WARRANTY LIMITATIONS, DISCLAIMERS, AND LIMITATION OF LIABILITY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, NECTAR LIMITS THE DURATION OF SUCH WARRANTIES TO THE SHORTER OF EITHER A) THE DURATION OF THIS WRITTEN WARRANTY, OR B) ANY MAXIMUM DURATION FOR IMPLIED OR STATUTORY WARRANTIES PROVIDED BY STATUTE. SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NECTAR LIMITS THE REMEDIES FOR SUCH WARRANTIES TO, AT NECTAR’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL NECTAR 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 NECTAR MATTRESS 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 NECTAR HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NECTAR’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS 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

In the event a dispute arises between you and Nectar arising out of this Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879. Arbitration will take place in San Francisco, CA. The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. The AAA may require information related to your product including purchase information. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. Any dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

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. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required by the MagnusonMoss Warranty Act.

GOVERNING LAW

This Limited Warranty will be governed by the laws of the State of California.

WARRANTOR

DreamCloud, LLC
Nectar Sleep
2000 University Center, Palo Alto, CA 94303
+1 888-8NECTAR

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