Tuft & Needle 100-Night Trial & Limited Warranties

3-Year Limited Pillow Warranty

Who and What Does This Warranty Cover?

We stand behind our pillows and offer a 3-Year Limited Pillow Warranty (the “Pillow Warranty”) to prove it. The terms of the Pillow Warranty are as follows:

Your new Tuft & Needle pillow (hereinafter the “pillow” or “Product”) is covered by a 3-year limited warranty (the “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Pillow Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Tuft & Needle pillow (the “Product”) for which you are seeking recourse under the Pillow Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle showroom), Amazon.com, and Huckberry.com. The Pillow Warranty thus only applies during the period in which the pillow is owned and controlled by the original purchaser of that mattress. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

In addition, because we cannot handle international shipping and logistics expenses, your pillow must be in the United States at the time you wish to take advantage of the Pillow Warranty.

This Pillow Warranty is limited to material defects resulting from defective materials or workmanship in the Product you have purchased.

Specifically, this Pillow Warranty covers the following defects, provided that they arise or appear in circumstances in which you have handled, 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:

1. Any physical flaw in the foam material that causes it to split or crack under conditions of normal use and proper handling.
2. Any manufacturing defect in the pillow cover such as the fabric tearing or stitching unraveling.

What will Tuft & Needle Do?

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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.

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.

How Long Does The Warranty Coverage Last

This Pillow Warranty for your new Tuft & Needle pillow lasts for three (3) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not Covered by this Warranty?

This Pillow Warranty does not cover changes to your pillow that are caused by or result from normal wear and use (including 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 protected].

In addition, the following circumstances are not covered by this Pillow Warranty: (a) changes in personal comfort preferences; (b) damage or abuse caused by failure reasonably to use and care for the foam, skrim, and cover; (c) stains, dampness or wetness, or burns of any sort; or (d) any combination of defects resulting from the aforementioned.

Your Rights Under State Law

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Pillow Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

No Medical or Health Claims

Tuft & Needle makes no medical or health claims regarding its pillows. Allergies, discomfort, or other conditions, are not covered under this Pillow Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

How to Make a Claim Under this Warranty

To make a claim under this Pillow Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected]. Your failure to comply with these claim submission instructions may void this Pillow Warranty. 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 Pillow Warranty.

Governing Law.

This Warranty is governed by the laws of the State of Arizona.

Dispute Resolution / Arbitration / Waiver of Class Action Right.

If a dispute arises between you and Tuft & Needle arising out of or relating to this Pillow Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration).

You must seek arbitration for disputes arising out of this Pillow Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

Warrantor

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Pillow Warranty. Please contact us at [email protected]om. Our address is 735 Grand Ave., Phoenix, Arizona 85007.

3-Year Limited Pouch Warranty

Who and What Does This Warranty Cover?

We stand behind our Pouch foam chair and offer a 3-Year Limited Pouch Warranty (the “Pouch Warranty”) to prove it. The terms of the Pouch Warranty are as follows:

Your new Tuft & Needle Pouch foam chair (hereinafter the “Pouch” or “Product”) is covered by a 3-year limited warranty (the “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Pouch Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Tuft & Needle pouch (the “Product”) for which you are seeking recourse under the Pouch Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle showroom), Amazon.com, and Huckberry.com. The Pouch Warranty thus only applies during the period in which the pouch is owned and controlled by the original purchaser of that mattress. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

In addition, because we cannot handle international shipping and logistics expenses, your Pouch must be in the United States at the time you wish to take advantage of the Pouch Warranty.

This Pouch Warranty is limited to material defects resulting from defective materials or workmanship in the Product you have purchased.

The Tuft & Needle Pouch is expected to lose some “loftiness” over time, and its fabric is also expected to wear gradually over time as a result of normal use. Regularly fluffing the product before sitting in it and properly caring for the cover will minimize wear and tear on, and increase the longevity of, the Pouch. As examples, the Pouch is not intended to be dragged on the ground when moving it and is not intended to be used for standing or jumping / landing, to be thrown, or have objects be thrown at it. Instructions for properly cleaning the outer-cover are included, and you can always contact us with questions about that.

The Tuft & Needle Pouch is not intended to be used as anything other than a place to sit and recline. It is not designed to be used out of doors, to be used as a pet bed product, or to resist water or other types of liquids.

WARNING: CHOKING HAZARD - Small parts. This product is not intended for children under 3 years old.

Please reach out to our support team if you have any questions or issues ([email protected] or 877-842-2586).

What will Tuft & Needle Do?

We will repair or replace the defective Product or the defective component(s) of the Product (e.g., the Pouch cover, if applicable). In the case of a manufacturing defect in a component of the Product, we may elect to repair or replace the component rather than replace the entire Pouch, 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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.

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.

How Long Does The Warranty Coverage Last

This Pouch Warranty for your new Tuft & Needle pouch lasts for three (3) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not Covered by this Warranty?

This Pouch Warranty does not cover changes to your pouch that are caused by or result from normal wear and use (including normal increases in softening, firmness, or compression of the Pouch components). Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and uses of the Product. If you have questions about proper maintenance and use of your Pouch, please contact us at [email protected].

In addition, the following circumstances are not covered by this Pouch Warranty: (a) changes in personal comfort preferences; (b) damage or abuse caused by failure reasonably to use and care for the outer cover, the inner-cover (aka the insert), and blended filling material; (c) stains, dampness or wetness, or burns of any sort; or (d) any combination of defects resulting from the aforementioned.

Your Rights Under State Law

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Pouch Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

No Medical or Health Claims

Tuft & Needle makes no medical or health claims regarding its Pouch. Allergies, discomfort, or other conditions, are not covered under this Pouch Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

How To Make A Claim Under This Warranty

To make a claim under this Pouch Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected]. Your failure to comply with these claim submission instructions may void this Pouch Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the pouch prior to accepting a particular claim under this Pouch Warranty.

Governing Law

This Warranty is governed by the laws of the State of Arizona.

Dispute Resolution / Arbitration / Waiver of Class Action Right

If a dispute arises between you and Tuft & Needle arising out of or relating to this Pouch Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration).

You must seek arbitration for disputes arising out of this Pouch Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our Pouch 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

Warrantor

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Pouch Warranty. Please contact us at [email protected]. Our address is 735 Grand Ave., Phoenix, Arizona 85007.

Tuft & Needle “Sheets” 100-Night Trial & 2-Year Limited Warranty

Thank you for purchasing a new Tuft & Needle bed sheets (hereinafter the “Product” or “SHEETS”). We hold ourselves to high standards and are confident that you’ll be pleased with your purchase. However, if you are dissatisfied or if you discover a defect in your Product, simply review our 100-Night Trial Policy and Limited Warranty (below) and, if you believe that you are entitled to take advantage of their terms, please contact us at [email protected] for instructions on how to do so.

PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND OUR LIMITED WARRANTY APPLY ONLY TO ORIGINAL PURCHASERS OF GENUINE TUFT & NEEDLE PRODUCTS WHO PURCHASED THEIR PRODUCT(S) DIRECTLY FROM AN AUTHORIZED TUFT & NEEDLE DISTRIBUTION CHANNEL AND, IN THE CASE OF THE 100-NIGHT TRIAL, MAY APPLY ONLY TO THOSE PURCHASERS WHO PURCHASED DIRECTLY FROM TUFT & NEEDLE. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY. IN ADDITION, PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND LIMITED WARRANTY APPLY ONLY IF THE PRODUCT IN QUESTION IS IN THE UNITED STATES AT THE TIME YOU WISH TO TAKE ACTION UNDER IT/THEM.

PLEASE NOTE THAT COSMETIC DEFECTS ARE NOT COVERED BY OUR LIMITED WARRANTY. ALL CLAIMS FOR COSMETIC DEFECTS MUST BE MADE WITHIN 100 NIGHTS AFTER YOUR RECEIPT OF THE PRODUCT.

100-Night Trial Policy.

If within the first 100 nights of using your new Tuft & Needle SHEETS you're not completely satisfied—for any reason—you may return them for a full refund. Please note that if you return a Product under our 100-Night Trial Policy that we originally shipped to an address in Alaska or Hawaii, we will be unable to refund the shipping fees that you paid for the original delivery.

You may either return the SHEETS in person to a Tuft & Needle store, or reach out to our support team for a shipping label to return them to us; we will issue your refund once we have received your SHEETS return.

Please note that, in all cases, the original receipt showing proof of purchase may be required to take advantage of the 100-Night Trial Policy.

This policy is limited to one return per household per year, and it must be exercised directly with Tuft & Needle no later than the 100th day following your receipt/delivery of the Product for which you want a refund.

As noted above, our 100-Night Trial Policy applies only to original purchasers of genuine Tuft & Needle Products who purchased their Product(s) directly from the website at TN.COM (including purchases made while visiting a Tuft & Needle store). The 100-Night Trial Policy may not apply, or may apply differently, to purchases of Tuft & Needle Products via other authorized Tuft & Needle distribution channels, and will not apply to Product(s) purchased from any other (unauthorized) sources. The 100-Night Trial Policy only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

2-Year Limited SHEETS Warranty.

Who and what does this Warranty cover?

We stand behind our SHEETS and offer a 2-Year Limited Warranty to prove it. The terms of the Warranty are as follows:

Your new Tuft & Needle SHEETS are covered by a 2-year limited warranty (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Product for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle store). The Limited Warranty only applies during the period in which the Product is owned and controlled by the original purchaser of that PRODUCT. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

In addition, because we cannot handle international shipping and logistics expenses, your SHEETS must be in the 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. Tuft & Needle will, for 2 years following the date of the original purchase, at Tuft & Needle’s option in its sole discretion, repair or replace, or provide a substitute for, any piece or part of the Product found by Tuft & Needle to be defective in material or workmanship. In particular, Tuft & Needle may, in its discretion, elect to repair or replace under Warranty one sheet from a set, rather than an entire set, of SHEETS. If return shipping is necessary in connection with a Warranty claim, Tuft & Needle will provide for the shipping. The Warranty applies under conditions of normal household use, but does not apply in the case of: negligence, soiling, improper cleaning, misuse, abnormal use, ordinary wear and tear, accident or commercial use.

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 they arise or appear in circumstances in which you have handled, 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 manufacturing defect in the SHEETS that causes fabric ripping, fraying or pilling, seam splitting or tearing, loss of elasticity, or other product failure under conditions of normal use and proper handling.

What will Tuft & Needle do?

We will repair or replace the defective Product or the defective component(s) of the Product, if and as applicable. In the case of a manufacturing defect in a component or feature of the Product, we may elect to repair or replace the component or feature rather than replace the entire Product, 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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.

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.

How long does the Warranty coverage last?

This Warranty for your new Tuft & Needle SHEETS lasts for two (2) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not covered by this Warranty? This Warranty does not cover changes to your SHEETS that are caused by or result from normal wear and use, or changes or damage resulting from your failure to care properly for the SHEETS. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and household uses of bed sheets, or if you use it in a manner incompatible with the care instructions or the intended design and use. If you have questions about proper maintenance and use of your SHEETS, please contact us at [email protected].

In addition, some degree of individualization of your Tuft & Needle SHEETS should be expected. Imperfections that do not prevent ordinary use and enjoyment of the Product by a reasonable person are not considered to be defects. (For example, some seam stitching may not be perfectly even.) These are not “defects” for which you can seek a remedy under this Warranty.

More specifically, this Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear associated with intended use and washing; (c) stains, soiling, burns, dampness, wetness, mold or discoloration that occur over time; (d) individual or personalized allergies and sensitivities; (e) color variations; (f) changes in personal comfort preferences; (g) damage or abuse caused by failure reasonably to use and care for the Product; or (h) any combination of defects resulting from the aforementioned.

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) burns; (c) physical abuse or damage to the Product; (d) attempting to clean/cleaning the Product in an inappropriate manner; and (e) improper location of use or storage of the Product (including storage in damp locations, areas infected with insects or rodents, proximity to an extreme heat source, or any other unprotected storage areas); and (f) purchase from resellers who are not authorized retailers.

Your Rights Under State Law

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

No Medical Or Health Claims

Tuft & Needle makes no medical or health claims regarding the SHEETS. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

How To Make a Claim Under This Warranty

To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected]. Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the SHEETS prior to accepting a particular claim under this Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS 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 DOCUMENT.

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 OR ANY THIRD PARTY’S PURCHASE AND/OR 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. IN NO CASE SHALL TUFT & NEEDLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.

Governing Law

This Warranty is governed by the laws of the State of Arizona.

Dispute Resolution / Arbitration / Waiver Of Class Action Right.

If a dispute arises between you and Tuft & Needle arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration).

You must seek arbitration for disputes arising out of this Limited Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

Warrantor

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Warranty. Please contact us at [email protected]. Our address is 735 Grand Ave., Phoenix, Arizona 85007.

Tuft & Needle “DUVET INSERT” 100-Night Trial & 2-Year Limited Warranty

Thank you for purchasing a new Tuft & Needle bed DUVET INSERT (hereinafter the “Product” or “DUVET INSERT”). We hold ourselves to high standards and are confident that you’ll be pleased with your purchase. However, if you are dissatisfied or if you discover a defect in your Product, simply review our 100-Night Trial Policy and Limited Warranty (below) and, if you believe that you are entitled to take advantage of their terms, please contact us at [email protected] for instructions on how to do so.

PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND OUR LIMITED WARRANTY APPLY ONLY TO ORIGINAL PURCHASERS OF GENUINE TUFT & NEEDLE PRODUCTS WHO PURCHASED THEIR PRODUCT(S) DIRECTLY FROM AN AUTHORIZED TUFT & NEEDLE DISTRIBUTION CHANNEL AND, IN THE CASE OF THE 100-NIGHT TRIAL, MAY APPLY ONLY TO THOSE PURCHASERS WHO PURCHASED DIRECTLY FROM TUFT & NEEDLE. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY. IN ADDITION, PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND LIMITED WARRANTY APPLY ONLY IF THE PRODUCT IN QUESTION IS IN THE UNITED STATES AT THE TIME YOU WISH TO TAKE ACTION UNDER IT/THEM.

PLEASE NOTE THAT COSMETIC DEFECTS ARE NOT COVERED BY OUR LIMITED WARRANTY. ALL CLAIMS FOR COSMETIC DEFECTS MUST BE MADE WITHIN 100 NIGHTS AFTER YOUR RECEIPT OF THE PRODUCT.

100-Night Trial Policy.

If within the first 100 nights of using your new Tuft & Needle DUVET INSERT you're not completely satisfied—for any reason—you may return them for a full refund. Please note that if you return a Product under our 100-Night Trial Policy that we originally shipped to an address in Alaska or Hawaii, we will be unable to refund the shipping fees that you paid for the original delivery.

You may either return the DUVET INSERT in person to a Tuft & Needle store, or reach out to our support team for a shipping label to return them to us; we will issue your refund once we have received your DUVET INSERT return.

Please note that, in all cases, the original receipt showing proof of purchase may be required to take advantage of the 100-Night Trial Policy.

This policy is limited to one return per household per year, and it must be exercised directly with Tuft & Needle no later than the 100th day following your receipt/delivery of the Product for which you want a refund.

As noted above, our 100-Night Trial Policy applies only to original purchasers of genuine Tuft & Needle Products who purchased their Product(s) directly from the website at TN.COM (including purchases made while visiting a Tuft & Needle store). The 100-Night Trial Policy may not apply, or may apply differently, to purchases of Tuft & Needle Products via other authorized Tuft & Needle distribution channels, and will not apply to Product(s) purchased from any other (unauthorized) sources. The 100-Night Trial Policy only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

2-Year Limited DUVET INSERT Warranty.

Who and what does this Warranty cover?

We stand behind our DUVET INSERT and offer a 2-Year Limited Warranty to prove it. The terms of the Warranty are as follows:

Your new Tuft & Needle DUVET INSERT are covered by a 2-year limited warranty (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Product for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle store). The Limited Warranty only applies during the period in which the Product is owned and controlled by the original purchaser of that PRODUCT. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

In addition, because we cannot handle international shipping and logistics expenses, your DUVET INSERT must be in the 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. Tuft & Needle will, for 2 years following the date of the original purchase, at Tuft & Needle’s option in its sole discretion, repair or replace, or provide a substitute for, any piece or part of the Product found by Tuft & Needle to be defective in material or workmanship. If return shipping is necessary in connection with a Warranty claim, Tuft & Needle will provide for the shipping. The Warranty applies under conditions of normal household use, but does not apply in the case of: negligence, soiling, improper cleaning, misuse, abnormal use, ordinary wear and tear, accident or commercial use.

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 they arise or appear in circumstances in which you have handled, 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 manufacturing defect in the DUVET INSERT that causes fabric ripping, fraying or pilling, seam splitting or tearing, or other product failure under conditions of normal use and proper handling.

What will Tuft & Needle do?

We will repair or replace the defective Product or the defective component(s) of the Product, if and as applicable. In the case of a manufacturing defect in a component or feature of the Product, we may elect to repair or replace the component or feature rather than replace the entire Product, 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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.

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.

How long does the Warranty coverage last?

This Warranty for your new Tuft & Needle DUVET INSERT lasts for two (2) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not covered by this Warranty? This Warranty does not cover changes to your DUVET INSERT that are caused by or result from normal wear and use, or changes or damage resulting from your failure to care properly for the DUVET INSERT. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and household uses of a duvet insert, or if you use it in a manner incompatible with the care instructions or the intended design and use. If you have questions about proper maintenance and use of your DUVET INSERT, please contact us at [email protected].

In addition, some degree of individualization of your Tuft & Needle DUVET INSERT should be expected. Imperfections that do not prevent ordinary use and enjoyment of the Product by a reasonable person are not considered to be defects. (For example, some seam stitching may not be perfectly even.) These are not “defects” for which you can seek a remedy under this Warranty.

More specifically, this Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear associated with intended use and washing; (c) stains, soiling, burns, dampness, wetness, mold or discoloration that occur over time; (d) individual or personalized allergies and sensitivities; (e) color variations; (f) changes in personal comfort preferences; (g) damage or abuse caused by failure reasonably to use and care for the Product; (h) reduction in loft of filling material over time; or (i) any combination of defects resulting from the aforementioned.

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) burns; (c) physical abuse or damage to the Product; (d) attempting to clean/cleaning the Product in an inappropriate manner; and (e) improper location of use or storage of the Product (including storage in damp locations, areas infected with insects or rodents, proximity to an extreme heat source, or any other unprotected storage areas); (f) purchase from resellers who are not authorized retailers; and (g) removal of the attached Product labels.

Your Rights Under State Law

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

No Medical Or Health Claims

Tuft & Needle makes no medical or health claims regarding the DUVET INSERT. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

How To Make a Claim Under This Warranty

To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected]. Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the DUVET INSERT prior to accepting a particular claim under this Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS 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 DOCUMENT.

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 OR ANY THIRD PARTY’S PURCHASE AND/OR 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. IN NO CASE SHALL TUFT & NEEDLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.

Governing Law

This Warranty is governed by the laws of the State of Arizona.

Dispute Resolution / Arbitration / Waiver Of Class Action Right.

If a dispute arises between you and Tuft & Needle arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration).

You must seek arbitration for disputes arising out of this Limited Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

Warrantor

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Warranty. Please contact us at [email protected]. Our address is 735 Grand Ave., Phoenix, Arizona 85007.

TUFT & NEEDLE “&PROTECTOR” 100-NIGHT TRIAL & 2-YEAR LIMITED WARRANTY

Thank you for purchasing a new Tuft & Needle mattress protector (hereinafter the “Product” or “&PROTECTOR”). We hold ourselves to high standards and are confident that you’ll be pleased with your purchase. However, if you are dissatisfied or if you discover a defect in your Product, simply review our 100-Night Trial Policy and Limited Warranty (below) and, if you believe that you are entitled to take advantage of their terms, please contact us at [email protected] for instructions on how to do so.

PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND OUR LIMITED WARRANTY APPLY ONLY TO ORIGINAL PURCHASERS OF GENUINE TUFT & NEEDLE PRODUCTS WHO PURCHASED THEIR PRODUCT(S) DIRECTLY FROM AN AUTHORIZED TUFT & NEEDLE DISTRIBUTION CHANNEL AND, IN THE CASE OF THE 100-NIGHT TRIAL, MAY APPLY ONLY TO THOSE PURCHASERS WHO PURCHASED DIRECTLY FROM TUFT & NEEDLE. PURCHASES MADE FROM AMAZON.COM MAY BE SUBJECT TO DIFFERENT OR ADDITIONAL TERMS. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY. IN ADDITION, PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND LIMITED WARRANTY APPLY ONLY IF THE PRODUCT IN QUESTION IS IN THE UNITED STATES AT THE TIME YOU WISH TO TAKE ACTION UNDER IT/THEM.

PLEASE NOTE THAT COSMETIC DEFECTS ARE NOT COVERED BY OUR LIMITED WARRANTY. ALL CLAIMS FOR COSMETIC DEFECTS MUST BE MADE WITHIN 100 NIGHTS AFTER YOUR RECEIPT OF THE PRODUCT.

100-NIGHT TRIAL POLICY.

If within the first 100 nights of using your new Tuft & Needle &PROTECTOR you're not completely satisfied—for any reason—you may return it for a full refund. Please note that if you return a Product under our 100-Night Trial Policy that we originally shipped to an address in Alaska or Hawaii, we will be unable to refund the shipping fees that you paid for the original delivery.

You may either return the &PROTECTOR in person to the Tuft & Needle store from which you purchased it, or reach out to our support team for a shipping label to return the &PROTECTOR to us. We will issue your refund once we have received your &PROTECTOR return.

Please note that, in all cases, the original receipt showing proof of purchase may be required to take advantage of the 100-Night Trial Policy.

This policy is limited to one return per household per year, and it must be exercised directly with Tuft & Needle no later than the 100th day following your receipt/delivery of the Product for which you want a refund.

As noted above, our 100-Night Trial Policy applies only to original purchasers of genuine Tuft & Needle Products who purchased their Product(s) directly from the website at TN.COM (including purchases made while visiting a Tuft & Needle store). The 100-Night Trial Policy may not apply, or may apply differently, to purchases of Tuft & Needle Products via other authorized Tuft & Needle distribution channels (currently only Amazon.com), or from any other (unauthorized) sources. The 100-Night Trial Policy thus only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

2-YEAR LIMITED &PROTECTOR WARRANTY.

Who and what does this Warranty cover?

We stand behind our &PROTECTOR (referred to below as the “&PROTECTOR” or the “Product”) and offer a 2-Year Limited Warranty to prove it. The terms of the Warranty are as follows:

Your new Tuft & Needle Product is covered by a 2-year limited warranty (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Product for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle showroom), and Amazon.com. The Limited Warranty thus only applies during the period in which the Product is owned and controlled by the original purchaser of that PRODUCT. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

In addition, because we cannot handle international shipping and logistics expenses, your &PROTECTOR must be in the 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. Tuft & Needle will, for 2 years following the date of the original purchase, at Tuft & Needle’s option in its sole discretion, repair or replace, or provide a substitute for, any piece or part of the Product found by Tuft & Needle to be defective in material or workmanship. Any costs for packing and shipping are not covered under this Warranty. The Warranty applies under conditions of normal household use, but does not apply in the case of: negligence, soiling, improper cleaning, misuse, abnormal use, ordinary wear and tear, accident or commercial use.

This &PROTECTOR Warranty is limited to material defects resulting from defective materials or workmanship in the Product you have purchased.

Specifically, this &PROTECTOR Warranty covers the following defects, provided that they arise or appear in circumstances in which you have handled, 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 manufacturing defect in the &PROTECTOR that causes fabric tearing, or stitching unraveling, or other product failure under conditions of normal use and proper handling.

What will Tuft & Needle do?

We will repair or replace the defective Product or the defective component(s) of the Product, if and as applicable. In the case of a manufacturing defect in a component or feature of the Product, we may elect to repair or replace the component or feature rather than replace the entire Product, 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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.

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.

How long does the Warranty coverage last?

This Warranty for your new Tuft & Needle &PROTECTOR lasts for two (2) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not covered by this Warranty? This Warranty does not cover changes to your &PROTECTOR that are caused by or result from normal wear and use, or changes or damage resulting from your failure to care properly for the &PROTECTOR. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and household uses of a &PROTECTOR, or if you use it in a manner incompatible with the care instructions or the intended design and use. If you have questions about proper maintenance and use of your &PROTECTOR, please contact us at [email protected].

In addition, some degree of individualization of your Tuft & Needle &PROTECTOR should be expected. Imperfections that do not prevent ordinary use and enjoyment of the Product by a reasonable person are not considered to be defects. (For example, a stitch may not be perfectly even.) These are not “defects” for which you can seek a remedy under this Warranty.

More specifically, this Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) stains, soiling, burns, dampness, wetness, mold or discoloration that occur over time; (d) individual or personalized allergies and sensitivities; (e) color variations; and (f) changes in personal comfort preferences; (g) damage or abuse caused by failure reasonably to use and care for the Product; or (h) any combination of defects resulting from the aforementioned.

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) burns; (c) physically abusing the Product; (d) attempting to clean the Product in an inappropriate manner; and (e) improper location of use or storage of the Product (including storage in damp locations, areas infected with insects or rodents, proximity to an extreme heat source, or any other unprotected storage areas); and (f) purchase from resellers who are not authorized retailers.

YOUR RIGHTS UNDER STATE LAW.

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

NO MEDICAL OR HEALTH CLAIMS.

Tuft & Needle makes no medical or health claims regarding the &PROTECTOR. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

HOW TO MAKE A CLAIM UNDER THIS WARRANTY.

To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected]. Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the &PROTECTOR prior to accepting a particular claim under this Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS 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 DOCUMENT.

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 OR ANY THIRD PARTY’S PURCHASE AND/OR 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. IN NO CASE SHALL TUFT & NEEDLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.

GOVERNING LAW.

This Warranty is governed by the laws of the State of Arizona.

DISPUTE RESOLUTION / ARBITRATION / WAIVER OF CLASS ACTION RIGHT.

If a dispute arises between you and Tuft & Needle arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration).

You must seek arbitration for disputes arising out of this Limited Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

WARRANTOR.

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Warranty. Please contact us at [email protected]. Our address is 735 Grand Ave., Phoenix, Arizona 85007.

Tuft & Needle “Topper” 100-Night Trial & 3-Year Limited Warranty

Thank you for purchasing a new Tuft & Needle mattress topper (hereinafter the “Product” or “Topper”). We hold ourselves to high standards and are confident that you’ll be pleased with your purchase. However, if you are dissatisfied or if you discover a defect in your Product, simply review our 100-Night Trial Policy and Limited Warranty (below) and, if you believe that you are entitled to take advantage of their terms, please contact us at [email protected] for instructions on how to do so.

PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND OUR LIMITED WARRANTY APPLY ONLY TO ORIGINAL PURCHASERS OF GENUINE TUFT & NEEDLE PRODUCTS WHO PURCHASED THEIR PRODUCT(S) DIRECTLY FROM AN AUTHORIZED TUFT & NEEDLE DISTRIBUTION CHANNEL AND, IN THE CASE OF THE 100-NIGHT TRIAL, MAY APPLY ONLY TO THOSE PURCHASERS WHO PURCHASED DIRECTLY FROM TUFT & NEEDLE. PURCHASES MADE FROM AMAZON.COM MAY BE SUBJECT TO DIFFERENT OR ADDITIONAL TERMS. COMMERCIAL USE IS EXCLUDED. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY. IN ADDITION, PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND LIMITED WARRANTY APPLY ONLY IF THE PRODUCT IN QUESTION IS IN THE UNITED STATES AT THE TIME YOU WISH TO TAKE ACTION UNDER IT/THEM.

PLEASE NOTE THAT COSMETIC DEFECTS ARE NOT COVERED BY OUR LIMITED WARRANTY. ALL CLAIMS FOR COSMETIC DEFECTS MUST BE MADE WITHIN 100 NIGHTS AFTER YOUR RECEIPT OF THE PRODUCT.

100-Night Trial Policy.

If within the first 100 nights of using your new Tuft & Needle Topper you're not completely satisfied—for any reason—you may return it for a full refund. Please note that if you return a Product under our 100-Night Trial Policy that we originally shipped to an address in Alaska or Hawaii, we will be unable to refund the shipping fees that you paid for the original delivery.

Your returned Topper will likely be donated to charity, or you may return the Topper in person to the Tuft & Needle store from which you purchased it, if practicable, or you may reach out to our support team for a shipping label to return the Topper to us via FedEx if it has not been unboxed; we will issue your refund once we have received your donation confirmation or your Topper return.

Please note that, in all cases, the original receipt showing proof of purchase may be required to take advantage of the 100-Night Trial Policy.

This policy is limited to one returned Tuft & Needle Product per household per year, and it must be exercised directly with Tuft & Needle no later than the 100th day following your receipt/delivery of the Product for which you want a refund.

As noted above, our 100-Night Trial Policy applies only to original purchasers of genuine Tuft & Needle Products who purchased their Product(s) for household use directly from the website at TN.COM (including purchases made while visiting a Tuft & Needle store). The 100-Night Trial Policy may not apply, or may apply differently, to purchases of Tuft & Needle Products via other authorized Tuft & Needle distribution channels (currently only Amazon.com), or from any other (unauthorized) sources. The 100-Night Trial Policy thus only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. Commercial use is also excluded. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

3-Year Limited Topper Warranty.

Who and what does this Warranty cover?

We stand behind our Topper and offer a 3-Year Limited Warranty to prove it. The terms of the Warranty are as follows:

Your new Tuft & Needle Product is covered by a 3-year limited warranty (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Product for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle showroom), and Amazon.com. The Limited Warranty thus only applies during the period in which the Product is owned and controlled by the original purchaser of that PRODUCT. Commercial use is excluded. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

In addition, because we cannot handle international shipping and logistics expenses, your Topper must be in the 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. Tuft & Needle will, for 3 years following the date of the original purchase, at Tuft & Needle’s option in its sole discretion, repair or replace, or provide a substitute for, any piece or part of the Product found by Tuft & Needle to be defective in material or workmanship. If return shipping is necessary in connection with a Warranty claim, Tuft & Needle will provide for the shipping. The Warranty applies under conditions of normal household use, but does not apply in the case of: negligence, soiling, improper cleaning, misuse, abnormal use, ordinary wear and tear, accident or commercial use.

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 they arise or appear in circumstances in which you have handled, maintained, and used the Product only for its intended household purpose as a mattress topper and have not subjected it to conditions likely to cause deterioration or damage beyond normal wear:

Any manufacturing defect or physical flaw in the Topper that 1) causes cover fabric ripping, seam splitting or tearing; 2) causes the foam material to split or crack; 3) results in any edge of the Topper measuring greater than 1” out of dimensional specifications; 4) causes a visible indentation or sag greater than one-half (½) inch in the foam material (this refers to an indentation that is visible when no weight is applied to the top of the Product, with the Product supported on a flat surface); or 5) other product failure under conditions of normal use and proper handling.

Please note that “normal wear” assumes and requires that your Topper is continuously supported by a mattress, and upon a foundation sufficient to support the distributed weight of your body, mattress and Topper. If you have questions about whether your intended use is warranted, please contact [email protected]

What will Tuft & Needle do?

We will repair or replace the defective Product or the defective component(s) of the Product, if and as applicable. In the case of a manufacturing defect in a component or feature of the Product, we may elect to repair or replace the component or feature rather than replace the entire Product, 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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.

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.

How long does the Warranty coverage last?

This Warranty for your new Tuft & Needle Topper lasts for three (3) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not covered by this Warranty? This Warranty does not cover changes to your Topper that are caused by or result from normal household wear and use, or changes or damage resulting from your failure to care properly for the Topper. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and household uses of a mattress topper, or if you use it in a manner incompatible with the care instructions or the intended design and use. If you have questions about proper maintenance and use of your Topper, please contact us at [email protected].

In addition, some degree of individualization of your Tuft & Needle Topper should be expected. Imperfections that do not prevent ordinary use and enjoyment of the Product by a reasonable person are not considered to be defects. (For example, some seam stitching may not be perfectly even.) These are not “defects” for which you can seek a remedy under this Warranty.

More specifically, this Warranty excludes: (a) minor imperfections and slight cosmetic flaws that do not prevent ordinary use and enjoyment of the Product by a reasonable person; (b) normal wear and tear associated with intended use and cleaning; (c) stains, soiling, burns, dampness, wetness, mold or discoloration that occur over time; (d) individual or personalized allergies and sensitivities; (e) color variations; (f) changes in personal comfort preferences; (g) damage or abuse caused by failure reasonably to use and care for the Product; (h) normal settling and/or body impressions; and (i) any combination of defects resulting from the aforementioned.

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) burns; (c) physical abuse or damage to the Product; (d) attempting to clean/cleaning the Product in an inappropriate manner; and (e) improper location of use or storage of the Product (including storage in damp locations, areas infected with insects or rodents, proximity to an extreme heat source, or any other unprotected storage areas); (f) purchase from resellers who are not authorized retailers; and (g) commercial use.

Your Rights Under State Law

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

No Medical Or Health Claims

Tuft & Needle makes no medical or health claims regarding the Topper. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

How To Make a Claim Under This Warranty

To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected]. Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the Topper prior to accepting a particular claim under this Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS 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 DOCUMENT.

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 OR ANY THIRD PARTY’S PURCHASE AND/OR 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. IN NO CASE SHALL TUFT & NEEDLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.

Governing Law

This Warranty is governed by the laws of the State of Arizona.

Dispute Resolution / Arbitration / Waiver Of Class Action Right.

If a dispute arises between you and Tuft & Needle arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration).

You must seek arbitration for disputes arising out of this Limited Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

Warrantor

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Warranty. Please contact us at [email protected]. Our address is 735 Grand Ave., Phoenix, Arizona 85007.

TUFT & NEEDLE 100-NIGHT TRIAL & 12-YEAR LIMITED FRAME WARRANTIES

Thank you for purchasing a new Tuft & Needle wood bed frame (hereinafter the “bed frame” or “Product”). We hold ourselves to high standards and are confident that you’ll be pleased with your purchase. However, if you are dissatisfied or if you discover a defect in your Product, simply review our 100-Night Trial Policy and Limited Warranty (below) and, if you believe that you are entitled to take advantage of their terms, please contact us at [email protected] for instructions on how to do so.

PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND OUR LIMITED WARRANTY APPLY ONLY TO ORIGINAL PURCHASERS OF GENUINE TUFT & NEEDLE PRODUCTS WHO PURCHASED THEIR PRODUCT(S) DIRECTLY FROM AN AUTHORIZED TUFT & NEEDLE DISTRIBUTION CHANNEL AND, IN THE CASE OF THE 100-NIGHT TRIAL, MAY APPLY ONLY TO THOSE PURCHASERS WHO PURCHASED DIRECTLY FROM TUFT & NEEDLE. PURCHASES MADE FROM AMAZON.COM MAY BE SUBJECT TO DIFFERENT OR ADDITIONAL TERMS. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY. IN ADDITION, PLEASE NOTE THAT BOTH THE 100-NIGHT TRIAL POLICY AND LIMITED WARRANTY APPLY ONLY IF THE PRODUCT IN QUESTION IS IN THE UNITED STATES AT THE TIME YOU WISH TO TAKE ACTION UNDER IT/THEM.

PLEASE NOTE THAT COSMETIC DEFECTS ARE NOT COVERED BY OUR LIMITED WARRANTY.

ALL PRODUCTS ARE CAREFULLY INSPECTED PRIOR TO SHIPMENT. PLEASE CAREFULLY INSPECT YOUR BED FRAME AT THE TIME OF DELIVERY. PLEASE NOTE: IF YOUR BED FRAME OR ANY PART OF IT ARRIVES DAMAGED, PLEASE NOTIFY US WITHIN THREE (3) DAYS OF RECEIPT OF YOUR DELIVERY; WE WILL ARRANGE FOR A REPLACEMENT OR RETURN/REFUND AS NECESSARY, AND YOU WILL NOT BE RESPONSIBLE FOR ANY RETURN FEES OR SHIPPING CHARGES. PLEASE REACH OUT TO US BY EMAIL AT [email protected] OR BY PHONE AT 877-842-2586 TO REPORT ITEMS THAT ARE DAMAGED UPON DELIVERY. WE RESERVE THE RIGHT TO REQUEST IMAGES OF SUCH DAMAGE. ALL CLAIMS FOR DAMAGE ASCERTAINABLE UNDER INITIAL INSPECTION MUST BE MADE WITHIN THREE (3) DAYS AFTER YOU RECEIVE DELIVERY OF THE PRODUCT; THEREAFTER ANY PHYSICAL DAMAGE TO THE BED FRAME THAT YOU DO NOT REPORT WITHIN THREE (3) DAYS OF DELIVERY WILL INVALIDATE THE REMAINDER OF YOUR 100-NIGHT TRIAL.

100-NIGHT TRIAL POLICY.

If within the first 100 nights of sleeping on your new Tuft & Needle bed frame you're not completely satisfied—for any reason—you may return it, if it remains in like-new condition and is undamaged, for a full refund. PLEASE NOTE: As stated above, any physical damage to the bed frame that you do not report to Tuft & Needle within three (3) days of delivery of your bed frame will void the remainder of the 100-night trial. Damaged bed frames will not be accepted for return. Please note that if you return a product under our 100-Night Trial Policy that we originally shipped to an address in Alaska or Hawaii, we will be unable to refund the shipping fees that you paid for the original delivery. Please retain your bed frame packaging materials to use in the event you wish to take advantage of the 100-night trial policy.

To return your bed frame, reach out to our support team; Tuft & Needle will arrange for the bed frame to be returned to us at our expense. We will issue your refund after we have received and inspected the bed frame.

Please note that, in all cases, the original receipt showing proof of purchase may be required to take advantage of the 100-Night Trial Policy.

This policy is limited to one bed frame return per household per year, and it must be exercised directly with Tuft & Needle no later than the 100th day following delivery of the Product for which you want a refund.

As noted above, our 100-Night Trial Policy applies only to original purchasers of genuine Tuft & Needle Products who purchased their product(s) directly from the website at TN.COM (including purchases made while visiting a Tuft & Needle store). The 100-Night Trial Policy may not apply, or may apply differently, to purchases of Tuft & Needle Products via other authorized Tuft & Needle distribution channels (currently only Amazon.com), or from any other (unauthorized) sources. The 100-Night Trial Policy thus only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

12-YEAR LIMITED WOOD BED FRAME WARRANTY.

Who and what does this Warranty cover?

We stand behind our bed frame (referred to below as the “bed frame” or the “Product”) and offer a 12-Year Limited Warranty to prove it. The terms of the Warranty are as follows:

Your new Tuft & Needle Product is covered by a 12-year limited warranty (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Product for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle showroom), and Amazon.com. The Limited Warranty thus only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY.

In addition, because we cannot handle international shipping and logistics expenses, your bed frame must be in the 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. Tuft & Needle will, for 12 years following the date of the original purchase, at Tuft & Needle’s option in its sole discretion, repair or replace, or provide a substitute for, any piece or part of the Product found by Tuft & Needle to be defective in material or workmanship. The Warranty applies under conditions of normal household use, but does not apply in the case of: negligence, soiling, improper cleaning, misuse, abnormal use, ordinary wear and tear, dings, dents or scratches, accident or commercial use. Color and variations are natural in wood and also are not covered by the Warranty.

Specifically, this Warranty covers the following defects, provided that they arise or appear in circumstances in which you have handled, 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 material or a manufacturing defect that causes the bed frame or any component part thereof to split, crack, break, or otherwise fail under conditions of normal use and proper handling.

What will Tuft & Needle do?

We will repair or replace the defective Product or the defective component(s) of the Product, if and as applicable. In the case of a manufacturing defect in a component of the Product, we may elect to repair or replace the component rather than replace the entire Product, 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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product.

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.

How long does the Warranty coverage last?

This Warranty for your new Tuft & Needle bed frame lasts for twelve (12) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not covered by this Warranty?

This Warranty does not cover changes to your bed frame that are caused by or result from normal wear and use, or changes or damage resulting from your failure to care properly for the bed frame. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and household uses of a bed frame, or if you use it in a manner incompatible with the care instructions or the intended design and use. If you have questions about proper maintenance and use of your bed frame, please contact us at [email protected].

In addition, some degree of individualization of your Tuft & Needle bed frame should be expected. Imperfections that do not prevent ordinary use and enjoyment of the Product by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and color, finish, and other kinds of aesthetic variations are natural in wood. These are not “defects” for which you can seek a remedy under this Warranty.

More specifically, this Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) scratches, dings, dents, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized allergies and sensitivities; (f) color and finish variations; and (g) naturally occurring wood 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) burns; (c) physically abusing the Product; (d) attempting to clean the Product in an inappropriate manner; and (e) improper location of use or storage of the Product (including storage in damp locations, areas infected with insects or rodents, excessive heat or proximity to a heat source, or any other unprotected storage areas); and (f) purchase from resellers who are not authorized retailers.

YOUR RIGHTS UNDER STATE LAW.

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

NO MEDICAL OR HEALTH CLAIMS.

Tuft & Needle makes no medical or health claims regarding its bed frames. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

HOW TO MAKE A CLAIM UNDER THIS WARRANTY.

To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected] Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the bed frame prior to accepting a particular claim under this Warranty.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS 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 DOCUMENT.

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 OR ANY THIRD PARTY’S PURCHASE AND/OR 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. IN NO CASE SHALL TUFT & NEEDLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.

GOVERNING LAW.

This Warranty is governed by the laws of the State of Arizona.

DISPUTE RESOLUTION / ARBITRATION / WAIVER OF CLASS ACTION RIGHT.

If a dispute arises between you and Tuft & Needle arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration).

You must seek arbitration for disputes arising out of this Limited Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

WARRANTOR.

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Warranty. Please contact us at [email protected]. Our address is 735 Grand Ave., Phoenix, Arizona 85007.

TUFT & NEEDLE 5-YEAR LIMITED &BASICS BOX FOUNDATION WARRANTY.

Who and what does this Warranty cover?

We stand behind our &Basics Box Foundation (referred to below as the “box foundation” or the “Product”) and offer a 5-Year Limited Warranty to prove it. The terms of the Warranty are as follows: Your new Tuft & Needle Product is covered by a 5-year limited warranty (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Product for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle showroom), and Amazon.com. The Limited Warranty thus only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY. In addition, because we cannot handle international shipping and logistics expenses, your box foundation must be in the 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. Tuft & Needle will, for 5 years following the date of the original purchase, at Tuft & Needle’s option in its sole discretion, repair or replace, or provide a substitute for, any piece or part of the Product found by Tuft & Needle to be defective in material or workmanship. The Warranty applies under conditions of normal household use, but does not apply in the case of: negligence, soiling, improper cleaning, misuse, abnormal use, ordinary wear and tear, dings, dents or scratches, accident or commercial use. Color and variations are natural in wood and also are not covered by the Warranty. Specifically, this Warranty covers the following defects, provided that they arise or appear in circumstances in which you have handled, 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 cosmetic or physical flaw in the material or a manufacturing defect that causes the box foundation or any component part thereof to split, crack, break, or otherwise fail under conditions of normal use and proper handling.

All products are carefully inspected prior to shipment. Please carefully inspect your box foundation at the time of delivery. PLEASE NOTE: If your box foundation or any part of it arrives damaged, please notify us within three (3) days of receipt of your delivery; we will arrange for a replacement or return/refund as necessary, and you will not be responsible for any returns fees or shipping charges. Please reach out to us by email at [email protected] or by phone at 877-842-2586 to report items that are damaged upon delivery. We reserve the right to request images of such damage. All claim for damage ascertainable under initial inspection must be made within three (3) days after you receive delivery of the product; thereafter any physical damage to the box foundation that you do not report within three (3) days of delivery will invalidate the remainder of your 100 night trial.

What will Tuft & Needle do?

We will repair or replace the defective Product or the defective component(s) of the Product, if and as applicable. In the case of a manufacturing defect in a component of the Product, we may elect to repair or replace the component rather than replace the entire Product, 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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product. 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.

How long does the Warranty coverage last?

This Warranty for your new Tuft & Needle box foundation lasts for five (5) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not covered by this Warranty?

This Warranty does not cover changes to your box foundation that are caused by or result from normal wear and use, or changes or damage resulting from your failure to care properly for the box foundation. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and household uses of a box foundation, or if you use it in a manner incompatible with the care instructions or the intended design and use. If you have questions about proper maintenance and use of your box foundation, please contact us at [email protected]. More specifically, this Warranty excludes: (a) normal wear and tear; (b) scratches, dings, dents, stains, soiling, burns, and discoloration that occur over time; (c) dampness or mold; and (d) individual or personalized allergies and sensitivities. 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) burns; (c) physically abusing the Product; (d) attempting to clean the Product in an inappropriate manner; and (e) improper location of use or storage of the Product (including storage in damp locations, areas infected with insects or rodents, excessive heat or proximity to a heat source, or any other unprotected storage areas); and (f) purchase from resellers who are not authorized retailers.

YOUR RIGHTS UNDER STATE LAW.

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

NO MEDICAL OR HEALTH CLAIMS.

Tuft & Needle makes no medical or health claims regarding its box foundations. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

HOW TO MAKE A CLAIM UNDER THIS WARRANTY.

To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected]. Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the box foundation prior to accepting a particular claim under this Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS 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 DOCUMENT. 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 OR ANY THIRD PARTY’S PURCHASE AND/OR 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. IN NO CASE SHALL TUFT & NEEDLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.

GOVERNING LAW.

This Warranty is governed by the laws of the State of Arizona.

DISPUTE RESOLUTION / ARBITRATION / WAIVER OF CLASS ACTION RIGHT.

If a dispute arises between you and Tuft & Needle arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration). You must seek arbitration for disputes arising out of this Limited Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

WARRANTOR.

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Warranty. Please contact us at [email protected]. Our address is 735 Grand Ave., Phoenix, Arizona 85007.

5-YEAR LIMITED &Basics METAL BASE WARRANTY.

Who and what does this Warranty cover?

We stand behind our &Basics Metal Base (referred to below as the “metal base” or the “Product”) and offer a 5-Year Limited Warranty to prove it. The terms of the Warranty are as follows: Your new Tuft & Needle Product is covered by a 5-year limited warranty (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state. This Warranty is not transferable and covers you only if you (a) are the original purchaser and current owner of the Product for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized Tuft & Needle distribution channel – namely, the website at TN.COM (including purchases made while visiting a Tuft & Needle showroom), and Amazon.com. The Limited Warranty thus only applies during the period in which the Product is owned and controlled by the original purchaser of that Product. PLEASE RETAIN YOUR PURCHASE RECEIPT SO THAT YOU CAN PRESENT IT TO US IF NECESSARY. In addition, because we cannot handle international shipping and logistics expenses, your metal base must be in the 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. Tuft & Needle will, for 5 years following the date of the original purchase, at Tuft & Needle’s option in its sole discretion, repair or replace, or provide a substitute for, any piece or part of the Product found by Tuft & Needle to be defective in material or workmanship. The Warranty applies under conditions of normal household use, but does not apply in the case of: negligence, soiling, improper cleaning, misuse, abnormal use, ordinary wear and tear, dings, dents or scratches, accident or commercial use. Color and variations are natural in wood and also are not covered by the Warranty. Specifically, this Warranty covers the following defects, provided that they arise or appear in circumstances in which you have handled, 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 cosmetic or physical flaw in the material or a manufacturing defect that causes the metal base or any component part thereof to split, crack, break, or otherwise fail under conditions of normal use and proper handling.

All products are carefully inspected prior to shipment. Please carefully inspect your metal base at the time of delivery. PLEASE NOTE: If your metal base or any part of it arrives damaged, please notify us within three (3) days of receipt of your delivery; we will arrange for a replacement or return/refund as necessary, and you will not be responsible for any returns fees or shipping charges. Please reach out to us by email at [email protected] or by phone at 877-842-2586 to report items that are damaged upon delivery. We reserve the right to request images of such damage. All claim for damage ascertainable under initial inspection must be made within three (3) days after you receive delivery of the product; thereafter any physical damage to the metal base that you do not report within three (3) days of delivery will invalidate the remainder of your 100 night trial.

What will Tuft & Needle do?

We will repair or replace the defective Product or the defective component(s) of the Product, if and as applicable. In the case of a manufacturing defect in a component of the Product, we may elect to repair or replace the component rather than replace the entire Product, 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. If you wish to replace a defective Product with a more expensive Product, you may be required to pay the difference in price between the original Product and the more expensive Product. 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.

How long does the Warranty coverage last?

This Warranty for your new Tuft & Needle metal base lasts for five (5) years from the date of purchase. We don't pro-rate the terms (i.e., we don't reduce the total amount as time goes on).

What is not covered by this Warranty?

This Warranty does not cover changes to your metal base that are caused by or result from normal wear and use, or changes or damage resulting from your failure to care properly for the metal base. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and household uses of a metal base, or if you use it in a manner incompatible with the care instructions or the intended design and use. If you have questions about proper maintenance and use of your metal base, please contact us at [email protected]. More specifically, this Warranty excludes: (a) normal wear and tear; (b) scratches, dings, dents, stains, soiling, burns, and discoloration that occur over time; (c) dampness or mold; and (d) individual or personalized allergies and sensitivities. 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) burns; (c) physically abusing the Product; (d) attempting to clean the Product in an inappropriate manner; and (e) improper location of use or storage of the Product (including storage in damp locations, areas infected with insects or rodents, excessive heat or proximity to a heat source, or any other unprotected storage areas); and (f) purchase from resellers who are not authorized retailers.

YOUR RIGHTS UNDER STATE LAW.

Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

NO MEDICAL OR HEALTH CLAIMS.

Tuft & Needle makes no medical or health claims regarding its metal bases. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

HOW TO MAKE A CLAIM UNDER THIS WARRANTY.

To make a claim under this Warranty, please send: 1) a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect; 2) proof of purchase (such as your order number or an original dated sales receipt) to Tuft & Needle at [email protected]. Your failure to comply with these claim submission instructions may void this Warranty. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the metal base prior to accepting a particular claim under this Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS 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 DOCUMENT. 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 OR ANY THIRD PARTY’S PURCHASE AND/OR 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. IN NO CASE SHALL TUFT & NEEDLE’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY.

GOVERNING LAW.

This Warranty is governed by the laws of the State of Arizona.

DISPUTE RESOLUTION / ARBITRATION / WAIVER OF CLASS ACTION RIGHT.

If a dispute arises between you and Tuft & Needle arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service (see Section XI, Dispute Resolution, Choice of Law; Mandatory Arbitration). You must seek arbitration for disputes arising out of this Limited Warranty prior to 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 our Terms of Service, an arbitration concerning a dispute arising out of or relating to our 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 not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.

WARRANTOR.

Fosbrooke, Inc. dba Tuft & Needle is the Warrantor under this Warranty. Please contact us at [email protected]. Our address is 735 Grand Ave., Phoenix, Arizona 85007.