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100-Night Trial & Limited Warranty

Effective as of April 15, 2016.

Thank you for purchasing a new DYOB product(s). We hold ourselves to high standards and are confident that you’ll be pleased with what you purchased (hereinafter your “mattress,” “pillow,” or, more generally, your “Product”). However, if you are dissatisfied or if you discover a defect in your Product, simply review our 100 Night Trial Policy and Limited Warranties (below) and, if you believe that you are entitled to take advantage of their terms, please contact us at support@dyob.com for instructions on how to do so.

PLEASE NOTE THAT BOTH THE 100 NIGHT TRIAL POLICY AND OUR LIMITED WARRANTIES APPLY ONLY TO ORIGINAL PURCHASERS OF GENUINE DYOB PRODUCTS WHO PURCHASED THEIR PRODUCT(S) DIRECTLY FROM AN AUTHORIZED DYOB DISTRIBUTION CHANNEL AND, IN THE CASE OF THE 100-NIGHT TRIAL, ONLY TO THOSE PURCHASERS WHO PURCHASED DIRECTLY FROM DYOB OR OUR AUTHORIZED DISTRIBUTOR, HUCKBERRY. 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 RETURN IT.

100 NIGHT TRIAL POLICY.

If within the first 100 nights of sleeping on your new DYOB mattress you're not completely satisfied—for any reason—you may return it for a full refund.

Your original mattress will likely be donated to charity. If a pickup of your DYOB mattress is necessary, DYOB will cover the related charges. However, because we cannot handle international shipping and logistics expenses, your mattress must be in the United States at the time you wish to take advantage of the 100 Night Trial Policy.

In the case of a DYOB pillow, the same 100 Night-Trial Policy applies, but we will ask you to return the pillow in person to the DYOB store from which you purchased it.

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 DYOB no later than the 100th day following delivery (or your personal possession) of the Product for which you want a refund.

As noted above, our 100-Night Trial Policy applies only to original purchasers of genuine DYOB Products who purchased their product(s) directly from the website at TN.COM (including purchases made while visiting a DYOB store) or our authorized distributor, Huckberry. The 100-Night Trial Policy does not apply to purchases of DYOB Products via other authorized DYOB 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.

10-YEAR LIMITED MATTRESS WARRANTY.

Who and what does this Warranty cover?

We stand behind our mattresses and offer a 10-Year Limited Warranty to prove it. The terms of the Warranty are as follows:

Your new DYOB mattress (hereinafter the “mattress” or “Product”) is covered by a 10-year limited warranty (the “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 DYOB mattress (the “Product”) for which you are seeking recourse under the Warranty and (b) purchased it directly from an authorized DYOB distribution channel – namely, the website at TN.COM (including purchases made while visiting a DYOB showroom), Amazon.com, and Huckberry.com. The Limited Warranty thus only applies during the period in which the mattress 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 mattress 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.

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:

  1. A visible indentation or sag greater than three-quarters (3/4) of an inch in the foam material. This refers to an indentation that is visible when no weight is applied to the top of the Product. Please note that “normal wear” assumes and requires that your mattress is continuously supported by a proper foundation sufficient to support the distributed weight of your body and the mattress itself. If you have questions about whether the foundation you are using or intend to use is adequate, please contact support@dyob.com.
  2. Any physical flaw in the foam material that causes it to split or crack under conditions of normal use and proper handling.
  3. Any manufacturing defect in the mattress cover such as the fabric tearing or stitching unraveling.

What will DYOB do?

We will repair or replace the defective Product or the defective component(s) of the Product (e.g., the mattress cover, if applicable). In the case of a manufacturing defect in a component of the Product, such as the mattress cover, we may elect to repair or replace the component rather than replace the entire mattress, 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 DYOB mattress lasts for ten (10) 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 mattress that are caused by or result from normal wear and use. Nor do we cover changes caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and uses of a mattress—namely, reclining and sleeping. (For example, don't take your mattress for a ride down a river.) If you have questions about proper maintenance and use of your mattress, please contact us at support@dyob.com.

For example, DYOB mattresses are designed to work on a firm, solid surface that is structurally capable of supporting the weight of the mattress and user upon it, such as on a bed base (e.g., a frame or platform). This Warranty does not cover your Product if you use it in a manner incompatible with that intended design and use.

In addition, some degree of individualization of your DYOB mattress 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 corners may not be perfectly shaped or symmetrical. 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) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than 3/4” in the mattress as measured below the quilt level – in other words, some settling of the fiber in the quilt should be expected and is not considered a “defect”); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton or foam aromas.

In addition, this Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Product; (e) attempting to clean the Product in an inappropriate manner; and (f) improper storage of the Product (including storage in damp locations, areas infected with insects or rodents, or any other unprotected storage areas); and (g) 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

DYOB makes no medical or health claims regarding its mattresses. 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 DYOB at support@dyob.com. 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 mattress 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 DYOB’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS 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 DYOB 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 Mattress 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.

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 DYOB 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 DYOB pillow (the “Product”) for which you are seeking recourse under the Pillow Warranty and (b) purchased it directly from an authorized DYOB distribution channel – namely, the website at TN.COM (including purchases made while visiting a DYOB 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 DYOB 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 DYOB 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 support@dyob.com.

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.