Warranty

Limited Warranties

12 Park Brands LLC d/b/a Evaya (“Evaya,” “we,” “our,” and “us) offers two warranties: (1) a 25-year limited warranty for mattresses and (2) a 1-year limited warranty for pillows, pillow toppers, wood bases, and top of bed products. The terms and conditions of each warranty are provided below.  

25-Year Limited Warranty for Mattresses

Evaya sells its mattresses with a 25-year limited warranty (the “Mattress Warranty”). In the following text, we have detailed what the Mattress Warranty covers, what it does not cover, what you must do to obtain warranty service, and your responsibilities. 

What products are covered by the Mattress Warranty?

The Mattress Warranty applies to all Evaya mattresses that are purchased directly from Evaya or a retailer that has been authorized by Evaya to sell its products (an “Authorized Retailer”). If you have a question about whether a retailer is an Authorized Retailer, please contact us at support@evayaorganics.com. 

Who is covered by the Mattress Warranty? 

Warranty service is only available to the individual that purchased the mattress directly from Evaya or an Authorized Retailer (the “Original Owner”). Evaya will not provide warranty service (a) to any person other than the Original Owner or (b) if we have reason to believe that the mattress is being used, or has ever been used, in a household other than that of the Original Owner. You must have a copy of your receipt from the original purchase of the mattress (“Proof of Purchase”) to obtain warranty service. 

Further, we only provide warranty service to individuals residing in the 48 contiguous United States (for avoidance of doubt, this excludes Alaska, Hawaii, and all U.S. Territories). 

How long does the Mattress Warranty last? 

The Mattress Warranty lasts for 25 years beginning on the date of purchase (the “Mattress Warranty Term”), but the terms and conditions applicable during the first 10 years of the Mattress Warranty Term are different from those applicable during the next 15 years, as explained below:

·      First 10 Years. During the first 10 years of the Mattress Warranty Term, we will either repair or replace a Defective Mattress (defined below) at no cost to you, with the exception that we only cover shipping costs for replacement mattresses during the first year of the Mattress Warranty Term. 

·      Next 15 Years. During the next 15 years of the Mattress Warranty Term, we will either (a) partially cover the cost of repairing the Defective Mattress or (b) issue a partial credit that can be applied towards a replacement mattress (a “Replacement Credit”). The amount of the repair cost that we cover, or the value of the Replacement Credit, will be determined on a pro rata basis, calculated based on the percentage of the Mattress Warranty Term that remains. For example, if you purchase a $2,000 mattress and seek warranty service for a Defect (defined below) in year 15 (at which point 40% of the Mattress Warranty Term remains), we will either cover the repair cost up to $800 or issue an $800 Replacement Credit (because $800 is 40% of the $2,000 purchase price). 

What is covered under the Mattress Warranty?

The Mattress Warranty applies to defects in materials and workmanship that result in one or more of the following issues, despite Proper Care (defined below) and Normal Use (defined below): 

  • A visible indentation greater than 1.5 inches;
  • A split or crack in the foam materials; and 
  • Tearing or splitting of the outer fabric. 

Such defects in materials or workmanship are referred to herein as “Defects,” and mattresses with Defects are referred to herein as “Defective Mattresses.” 

What is not covered under the Mattress Warranty?

Coverage under the Mattress Warranty is not available for any damage, dissatisfaction, or issues other than Defects, as defined above. 

Below is a non-exhaustive list of issues that do not qualify as Defects and, as such, will not result in warranty service:

  • Dissatisfaction due to comfort or personal preference;
  • Visible indentations of 1.5 inches or less (for more information, see note on normal softening of mattresses below);
  • Slight tailoring imperfections, e.g., rounded corners or the mattress seam not being completely straight due to the handcrafted nature of the product;

·       Damage caused by transportation;

·       Damage caused by abuse, accident, or neglect, including burns, cuts, tears, liquid damage, or stains (folding the mattress other than for use on an adjustable base is considered abuse);  

  • Damage resulting from any use of the mattress other than Normal Use (defined below);
  • Damage resulting from a lack of Proper Care (defined below);
  • Damage resulting from use of the mattress in an unsanitary location or manner;
  • Mold or mildew;
  • Insect infestation; and

·       Normal wear and tear.

Softening of the raw materials used in the mattress: Organic and natural materials will soften over time. Some degree of increase in the softness of the mattress is considered normal. Such softening is not considered a Defect and, thus, is not covered under the Mattress Warranty. Only a visible indentation in the mattress that is greater than 1.5 inches and caused by defects in materials or workmanship is considered a Defect. If you have concerns please contact us, and we will work with you to determine whether your issue is the result of a Defect or natural softening.

What are your responsibilities to maintain warranty coverage?

To maintain coverage under the Mattress Warranty, customers are responsible for complying with the following mattress care instructions: 

·      Unboxing: The mattress must be un-boxed and opened within 60 days of receipt. 

·      Mattress Cover. Our mattresses are designed to be used with the original cover on the mattress at all times. You must never remove the mattress cover. If your mattress cover has a zipper, the zipper’s only purpose is to put the cover on the mattress core during the manufacturing process. The cover is not intended to be unzipped or removed after purchase.

·      Support. The mattress must be placed on a flat, solid surface that is structurally capable of supporting the weight of the mattress and its users. Examples of acceptable surfaces include: (a) a mattress foundation in good condition with no open spaces being more than 4 inches apart or (b) a platform bed with slats no greater than 3 inches apart and/or flat ridged slats without flex. If the foundation or platform bed is placed on a frame or other support surface, that too should be structurally capable of supporting the mattress and its users. Foundations for full, queen, and king mattresses need to be supported with legs in the center and along the outer edges.

  • Cleaning. Our mattresses should be spot cleaned only, using a mild detergent. Any other form of cleaning may damage the mattress

Compliance with the above mattress care instructions is referred to herein as “Proper Care.”

Further, the mattress should only be used for the normal, intended use of a mattress in the home (“Normal Use”). For avoidance of doubt, any commercial use, such as in hotels, motels, or institutional facilities, is not considered Normal Use. Failure to take Proper Care or to engage solely in Normal Use of the mattress will result in a denial of warranty service. 

How do you obtain service under the Mattress Warranty?

If you suspect your mattress has a Defect, please contact us at support@evayaorganics.com. To make a successful warranty claim, you will be required to provide Proof of Purchase, along with photographs of the mattress, the foundation, the frame (if applicable), and the law tags to help us determine the nature of the issue.

What happens next? 

If a Defect exists, Evaya will determine, in its sole discretion, whether the mattress should be repaired or replaced. Terms applicable to repair and replacement under the Mattress Warranty are provided below:

·       Repairs. If we determine that the mattress should be repaired, we will contract with a third-party service provider to conduct the repair in your home. We will provide you with the service provider’s information so that you can schedule the repair. If you seek warranty coverage during the first 10 years of the Mattress Warranty Term, we will cover the full cost of the repair. If you seek warranty service during the next 15 years of the Mattress Warranty Term, we will cover the cost of the repair on a pro rata basis, as detailed above. You will be responsible for the remainder of the repair cost.

·       Replacement. If we determine that the mattress should be replaced, and you seek warranty service during the first 10 years of the Mattress Warranty Term, we will ship a new mattress to you. If the original model is no longer manufactured, Evaya may provide a mattress of equal or higher quality. If you seek warranty coverage for the Defect during the first year of the Mattress Warranty Term, we will cover the shipping cost. Otherwise, you will be responsible for the cost of shipping the replacement mattress. You are responsible for disposing of the Defective Mattress and any associated costs. 

·       Replacement Credits. If we determine that the mattress should be replaced, and you seek warranty service during the last 15 years of the Mattress Warranty Term, we will issue a Replacement Credit on a pro rata basis, as detailed above. Replacement Credits can be applied to any mattress purchase made at www.evayaorganics.com but cannot be used for purchases from Authorized Sellers or any other third-party seller. If you choose to purchase a new mattress using your Replacement Credit, you are responsible for the difference in cost between the value of the Replacement Credit and the cost of the mattress, and you are responsible for all shipping costs. Further, you are responsible for disposing of the Defective Mattress and any associated costs. 

Warranty service does not restart the Mattress Warranty or result in a new warranty. The Mattress Warranty runs for 25 years from the date of purchase of the original mattress associated with the warranty. We will only issue one replacement during the lifetime of the Mattress Warranty.

DISCLAIMER; LIMITATION OF LIABILITY

THIS MATTRESS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY, REPRESENTATION, OR GUARANTEE PROVIDED BY EVAYA WITH RESPECT TO ITS MATTRESSES. FURTHER, EVAYA’S OBLIGATION UNDER THIS MATTRESS WARRANTY IS STRICTLY AND EXCLUSIVELY LIMITED TO THE FULL OR PARTIAL REPAIR OR REPLACEMENT OF THE DEFECTIVE MATTRESS, PURSUANT TO THE TERMS AND CONDITIONS HEREIN. Without limiting the foregoing, EVAYA DOES NOT WARRANT THAT ANY MATTRESS IS SUITABLE FOR ANY PERSON’S MEDICAL CONDITION. 

To the extent permitted by applicable law, THE DURATION OF ANY IMPLIED WARRANTIES APPLICABLE TO EVAYA MATTRESSES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THIS MATTRESS WARRANTY. Some States do not allow limitations on how long an implied warranty lasts, so the limitation in the preceding sentence might not apply to you, IN WHOLE OR IN PART.

TO the extent permitted by applicable law, Evaya and ITS OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATED AND PARENT COMPANIES, SUCCESSORS, ASSIGNS, SUPPLIERS, AND LICENSORS (EVAYA AND SUCH ADDITIONAL PARTIES BEING THE “RELEASED PARTIES”) shall have no liability to you or any other party in connection with this Mattress Warranty for any (A) INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, STATUTORY, OR PUNITIVE DAMAGES or (B) LOSS OF PROFITS, REVENUE, TIME, PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, OR VALUE, IN ALL CASES WHETHER DIRECT OR INDIRECT. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the exclusion in the preceding sentence might not apply to you IN RELEVANT PART.

FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE RELATED TO THIS MATTRESS WARRANTY SHALL NOT EXCEED THE AMOUNT THAT YOU PAID FOR THE MATTRESS COVERED BY THE WARRANTY.

This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

this mattress warranty is governed by the laws of the state of MASSACHUSETTS. If a dispute arises in relation to this MATTRESS warranty, including our performance thereunder, such dispute shall be resolved by a court located in MASSACHUSETTS, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such dispute. 

1-Year Limited Warranty for Mattress Accessories  

Evaya sells its pillows, pillow toppers, wood bases, and top of bed products, such as blankets and sheets (collectively, “Mattress Accessories”) with a one-year limited warranty (the “Mattress Accessory Warranty”). In the following text, we have detailed what the Mattress Accessory Warranty covers, what it does not cover, and what you must do to obtain warranty service. 

What products are covered by the Mattress Accessory Warranty?

The Mattress Accessory Warranty applies to all Evaya Mattress Accessories (as defined above) that are purchased directly from Evaya or a retailer that has been authorized by Evaya to sell its products (an “Authorized Retailer”). If you have a question about whether a retailer is an Authorized Retailer, please contact us at support@evayaorganics.com. 

Who is covered by the Mattress Accessory Warranty? 

Warranty service is only available to the individual that purchases the Mattress Accessory directly from Evaya or an Authorized Retailer (the “Original Owner”). Evaya will not provide warranty service (a) to any person other than the Original Owner or (b) if we have reason to believe that the Mattress Accessory is being used, or has ever been used, in a household other than that of the Original Owner. You must have a copy of your receipt from the original purchase (“Proof of Purchase”) to obtain warranty service. 

Further, we only provide warranty service to individuals residing in the 48 contiguous United States (for avoidance of doubt, this excludes Alaska, Hawaii, and all U.S. Territories). 

How long does the Mattress Accessory Warranty last? 

The Mattress Accessory Warranty lasts for one (1) year, beginning on the date of purchase. 

What is covered under the Mattress Accessory Warranty?

The Mattress Accessory Warranty applies to defects in materials and workmanship (“Defects,” and Mattress Accessories with Defects being “Defective Products”).

What is not covered under the Mattress Accessory Warranty?

Coverage under the Mattress Accessory Warranty is not available for any damage, dissatisfaction, or issues other than Defects, as defined above. 

Below is a non-exhaustive list of issues that do not qualify as Defects and, as such, will not result in warranty service:

  • Dissatisfaction due to comfort or personal preference;
  • Normal increases in softness;

·       Damage caused by transportation;

·       Damage caused by abuse, accident, or neglect, including burns, gouges, scratches, cuts, tears, liquid damage, or stains;

  • Damage resulting from any use other than the normal, intended use of the Mattress Accessory in the home (commercial use, such as in hotels, motels, or institutional facilities, is not considered normal, intended use);
  • Damage resulting from use of the Mattress Accessory in an unsanitary location or manner;
  • Mold or mildew;
  • Insect infestation; and

·       Normal wear and tear.

How do you obtain service under the Mattress Accessory Warranty? 

If you suspect your Mattress Accessory has a Defect, please contact us at support@evayaorganics.com. To make a warranty claim, you will be required to provide Proof of Purchase, along with photographs of the Mattress Accessory and the law tags (if applicable) to help us determine the nature of the issue.

What remedies are available if there is a Defect?

If a Defect exists, Evaya will replace the Defective Product. If the original model is no longer manufactured, Evaya reserves the right to provide a similar product of equal or higher quality. You are responsible for the cost of shipping the new product to you. 

Warranty service does not restart the Mattress Accessory Warranty or result in a new warranty. The Mattress Accessory Warranty runs one (1) year from date of purchase of the original product associated with the warranty. We will only issue one replacement during the lifetime of a single Mattress Accessory Warranty.

DISCLAIMER; LIMITATION OF LIABILITY

THIS MATTRESS ACCESSORY WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY, REPRESENTATION, OR GUARANTEE PROVIDED BY EVAYA WITH RESPECT TO ITS MATTRESS ACCESSORIES. FURTHER, EVAYA’S OBLIGATION UNDER THIS MATTRESS ACCESSORY WARRANTY IS STRICTLY AND EXCLUSIVELY LIMITED TO THE REPLACEMENT OF THE DEFECTIVE PRODUCT, PURSUANT TO THE TERMS AND CONDITIONS HEREIN. Without limiting the foregoing, EVAYA DOES NOT WARRANT THAT ANY MATTRESS ACCESSORY IS SUITABLE FOR ANY PERSON’S MEDICAL CONDITION. 

To the extent permitted by applicable law, THE DURATION OF ANY IMPLIED WARRANTIES APPLICABLE TO EVAYA MATTRESS ACCESSORIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THIS MATTRESS ACCESSORY WARRANTY. Some States do not allow limitations on how long an implied warranty lasts, so the limitation in the preceding sentence MIGHT not apply to you, IN WHOLE OR IN PART.

TO the extent permitted by applicable law, Evaya and ITS OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATED AND PARENT COMPANIES, SUCCESSORS, ASSIGNS, SUPPLIERS, AND LICENSORS (EVAYA AND SUCH ADDITIONAL PARTIES BEING THE “RELEASED PARTIES”) shall have no liability to you or any other party in connection with this Mattress accessory Warranty for any (A) INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, STATUTORY, OR PUNITIVE DAMAGES or (B) LOSS OF PROFITS, REVENUE, TIME, PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, OR VALUE, IN ALL CASES WHETHER DIRECT OR INDIRECT. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the exclusion in the preceding sentence MIGHT not apply to you IN RELEVANT PART.

FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE RELATED TO THIS MATTRESS ACCESSORY WARRANTY SHALL NOT EXCEED THE AMOUNT THAT YOU PAID FOR THE MATTRESS ACCESSORY COVERED BY THE WARRANTY.

This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

this mattress accessory warranty is governed by the laws of the state of MASSACHUSETTS. If a dispute arises in relation to this MATTRESS ACCESSORY warranty, including our performance thereunder, such dispute shall be resolved by a court located in MASSACHUSETTS, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such dispute.