The Morphiis Mattress
This 25-year Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Morphiis mattress (the "Product") for which you are seeking recourse under the Warranty and (b) purchased it directly from us or our authorized retailer. This Warranty is limited to material defects caused by use of defective materials or workmanship in the Product you have purchased.
Specifically, this Warranty covers the following defects, assuming they arise or appear in circumstances in which you have been using the Product only for its intended purpose and have not subjected it to other than normal wear and proper handling: 1. A visible indentation greater than 1-1/4" in any flat unmodified area of the foam material. This refers to an indentation that is visible when no weight is applied to the top of the Product "Normal wear" conditions require that your mattress is continuously supported by a flat or adjustable foundation which remains (...) loaded with the combined weight of user(s) and mattress. 2. Any physical flaw in the foam material that causes it to split or crack. 3. Any manufacturing defect in the mattress cover such as the fabric tearing or stitching unraveling.
We will repair or replace the Product or its components (e.g.. the mattress cover). In the case of a manufacturing defect in the mattress cover, we may elect to repair or replace the mattress cover, rather than replace the entire mattress, and we reserve sole discretion over that election. In the event we elect to replace the mattress cover, we will 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.
This Limited Warranty does not cover
- Changes to your mattress that are caused by or the result of normal wear and tear.
- We don't cover changes caused by or resulting from uses that go beyond the intended use of a mattress—namely, sleeping.
- Imperfections that do not prevent ordinary use and enjoyment of the Product are not considered to be defects.
- An increase in softness of the foam material which does not affect the pressure-relieving qualities of the mattress.
Morphiis mattresses are designed to work on a firm, solid-surface foundation that remains flat and structurally capable of supporting the combined weight of the mattress and user(s) upon it. THEREFORE. IF PURCHASER USES INAPPROPRIATE FOUNDATIONS, BOX SPRINGS. ADJUSTABLE BED BASES. OR BED FRAMES WHICH DO NOT REMAIN FLAT UNDER THE COMBINED MATTRESS/ USER LOAD, SUCH USE WILL VOID THIS LIMITED WARRANTY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED. INCLUDING, WITHOUT LIMITATION. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We reserves the right to invalidate this Limited Warranty if the foundation is determined, in our reasonable discretion, to be inadequate.
More specifically, this Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture or comfort; (f) normal body impressions not greater than 1-1/4* in the mattress, (g) individual allergies and sensitivities; (h) naturally occurring cover or foam aromas.
In addition, this 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) abuse or damage to the foam and/or cover material, including but not limited to. burns, cuts, tears, liquid damage, or stains; (c) use of the Product on an improper foundation; (d) attempting to clean the Product in an inappropriate manner; (e) improper storage of the Product (including storage in damp locations, areas infected with insects or rodents, or any other unprotected storage areas); (f) purchase from resellers who are not authorized retailers. No new warranty is provided with a replacement product. The warranty for a replacement product runs from the date of original purchase of the replaced product.
We makes no medical or health claims regarding discomfort, or other conditions, and are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.
To make a claim under this Warranty, send: 1)a brief written description and photo proof of the problem; 2) proof of purchase (such as your order number or an original dated sales receipt) to us at support® personalizedsleepsolutions.com.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
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 TO YOU.
The Morphiis Topper Plus
3-YEAR LIMITED WARRANTY Warranties are only valid with the original receipt or proof of purchase. Warranties apply to the original purchaser only and may not be transferred. This Limited Warranty covers any manufacturing defect that is present prior to the time of use, and any manufacturing defect that causes all abnormal deterioration of the foam core component and/or the cover. If such a defect occurs, We reserves the right to replace, repair and/or remedy the defective product with a similar item of equal or greater value. This warranty does not imply or warrant the product for any normal wear and tear that the consumer experiences with normal use.
This warranty is no longer valid if the product is soiled, stained or in an unsanitary condition or found to be defective due to abuse or any other use other than the intended use. Excluded from this warranty are comfort preferences, odor associated with new product purchase, body impressions up to 1.25 inches deep, change in color of foam, sagging due to improper support and zippers beyond 1 year from purchase date. If a warranty problem occurs simply call our toll-free number at: 1-888-750-1093 or e-mail us at support@ personalizedsleepsolutions.com
The Morphiis Pillow
The Morphiis Pillow comes with a 3-Year Limited Warranty.
Your morphiis pillow (the ‘pillow’ or ‘product’) is covered by a 3-year limited warranty (the ‘warranty’), which gives you specific legal rights. This warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Pillow (the ‘product’) for which you are seeking recourse under the warranty or you purchased is directly from an authorized Morphiis retailer. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESEVT IT TO US IF NECESSARY.
In addition, because we cannot handle international shipping and logistics expenses, your pillow must be in United States at the time you wish to take advantage of the Warranty.
This Warranty is limited to material defects resulting from defective materials or workmanship in the product you have purchased.
Specifically, this Warranty covers the following defects. Provided that the arise or appear in circumstances in which you have handed, 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.
- Any Physical flaw in the foam material that causes it to split or crack under conditions of normal use and proper handling.
- Any manufacturing defect in the pillow cove such as the fabric tearing or stitching unraveling.
We will repair or replace the defective product or the defective component(s) of the Product (e.g. the pillow cover, if applicable) in the case of a manufacturing defect in a component of the product, such as the pillow cover. We may elect to repair or replace the component rather than replace the entire pillow. 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.
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.
This Warranty does not cover changes to your pillow that are caused by or result from normal wear and use (i8ncluding normal increases in softening, firmness, or compression of the pillow components). Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and uses of a pillow. If you have questions about proper maintenance and use of your pillow please contact us at email@example.com.
In addition, the following circumstances are not covered by this warranty:
- Changes in personal comfort preferences.
- Damage or abuse caused by failure reasonably to use and care for the foam layers and cover.
- Stains, dampness or wetness, or burns of any sort,
- Any combination of defects resulting from the aforementioned.
We male no medical or health claims regarding our pillows, Allergies, discomfort, or other conditions, are not covered under this warranty. Any questions or concern regarding medical or health conditions should be addressed by a licensed physician.
To make a claim under this Warranty, send: 1)a brief written description and photo proof of the problem; 2) proof of purchase (such as your order number or an original dated sales receipt) to Perfect Pressure at support® personalizedsleepsolutions.com. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the pillow prior to accepting a particular claim under this Warranty.
This Warranty is governed by the laws of the State of Florida.
The Morphiis Adjustable Bed Frame
We warrant the Morphiis Adjustable Bed Frame (the ‘Product’) in its original packaging sold to you by us our authorized retailers, against certain defects in material and workmanship for specific periods of time as set forth below when the Product is used normally for its intended purposes
First Year: We offer full coverage parts and labor warranty The Product is warranted against defects in the workmanship or materials for a period of up to one (1) year from the date of purchase for adjustable bases bought new. We will send replacement parts (at no cost to the purchaser) for any defective Product part to the purchaser, and we will pay all pre-authorized labor and transportation costs associated with the repair or replacement of any parts which we determine to be defective. This one (1) year warranty shall not apply if purchaser does not return any and all defective parts to us.
Second Year – 20 Limited Warranty If the defect occurs in the second through twentieth year following purchase of the Product bought new, we will offer replacement parts (upon terms and conditions set forth in this paragraph) for any mechanical adjustable base part found to be defective. Electronics, electrical components, drive motors and message motors are excluded. Purchaser shall pay 1/19th of the then current replacement cost of the defective part multiplied by the number of years the purchaser has owned the Product for those bases bought new. We shall bear the remainder of the cost the replacement part. This limited warranty shall not apply if purchaser does not return any and all defective parts to us. To the extent permitted by law, you shall bear all service, transportation, labor and shipping costs related to the delivery and/or replacement of the defective part.
This limited warranty does not cover or apply:
- To any damage caused to the Product by purchaser.
- If there has been any unauthorized repair or replacement of the product or parts.
- If the Product has been mishandled whether in transit or by other means, subjected to physical or electrical abuse or misuse, or otherwise operated in any way inconsistent with the operation and maintenance procedures outlined by us;
- In relation to damage to mattresses, fabric, cables, electrical cords or items supplied by dealers(also known as retailers or resellers);
- For adjustable bases used in commercial type settings, such as but not limited to dormitories, hotels and rentals.
No reimbursement will be made to the purchaser for the inconvenience, removal, installation, setup time, lack of use, shipping, or any other costs or expenses not covered by this limited warranty. We have no responsibility for in-home service on the Product.
TO THE EXTENT PERMITED BY APPLICABLE LAW, THIS LIMITED WARRANTY REPLACES ALL OTHER REPRESENTATIONS, WARRATIES OR CONDITIOPNS, WHETHER EXPRESSED, IMPLIED OR LEGAL, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NO ONE IS AUTHORIZED TO ASSUME OR UNDERTAKE FOR US OTHER LAIBILITY IN CONNECTION WITH THE SALE OF THE PRODUCT. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRCT OR CONSEQUENTIAL OR ANY OTHER DAMAGES OF WHETHER KIND, INCLUDING PERSONAL INJURIES OR DAMAGE TO PROPERTY, EXCEPT AS PROVIDED HEREIN.
Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages or the exclusion of implied warranties or the limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or province to province, To the extent that the provisions of any applicable legislation expressly replaced, eliminated, amend, extend or prohibit any term or terms contained in this warranty. Such term or terms shall be accordingly replaced, eliminated, amended or extended, as the case may be, in accordance with such legislation.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties, each party will designate one arbiter and the two designated arbiters 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. 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 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. A 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.
This limited Morphiis Adjustable Base Warranty will be governed by the laws of the State of Florida.