The Mattress Warranty
Parachute Home Inc. (the “Company” or “us” or “we”) warrants that the Parachute Branded Mattress, Sizes Twin, Twin XL, Full, Queen, King, and Cal King (each, as applicable, the “Mattress”) will be free from manufacturing defects in workmanship or materials, subject to the terms, conditions, and exclusions of this Limited Warranty.
This Limited Warranty extends for 10 years, to the original purchaser (“you”), beginning on the date of purchase (“Warranty Commencement Date”). You may return the Mattress for any reason for a full refund within 90 days of purchase.
Only the original purchaser will be able to make warranty claims. This Limited Warranty is non-transferrable.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS LIMITED WARRANTY STATEMENT.
THIS LIMITED WARRANTY CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Limited Warranty Does Cover:
This Limited Warranty covers the following during the Limited Warranty:
- Any manufacturing or materials defect that causes the Mattress to tear, rip, split, crack, or otherwise become unusable under conditions of normal use and proper handling.
Limited Warranty Exclusions:
This Limited Warranty does not cover anything not expressly provided in this Limited Warranty, including but not limited to:
- Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and unsanitary conditions.
- Mattresses soiling.
- Damage due to Mattress mishandling by the user, after delivery.
- Note: If damage to the Mattress occurs during delivery, please document any damage due to mishandling at time of order receipt and report to the Company within 24 hours of delivery. Upon verification of damage, the Company will replace your damaged Mattress free of charge.
- Normal increase in softness due to normal usage.
- Change in comfort preference. Any comfort level description of the Mattress is solely provided as a guideline and the Company does not guarantee the firmness or softness quality of any mattress, nor does it warrant that a particular comfort preference will be to your liking.
- Mold, odors, and/or discoloration caused by abnormal care including, but not limited to, liquid spills, improper ventilation (including, but not limited to, humid climates and/or areas where the Mattress is exposed to excessive water or humidity).
- Damage associated with an improper bed frame/foundation, as further discussed below.
- Imperfections that do not prevent ordinary use and enjoyment of the Mattress 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 Limited Warranty. More specifically, this Limited Warranty excludes:
- minor imperfections and slight cosmetic flaws;
- normal wear and tear;
- tears, stains, soiling, burns, and discoloration that occur over time;
- dampness or mold;
- individual or personalized preferences relating to firmness, texture, comfort, etc.;
- normal body impressions not greater than 1 inch 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);
- individual or personalized allergies and sensitivities; and/or
- naturally occurring cotton or wool aromas.
In addition, this Limited Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. The following circumstances, if discovered upon inspection, will void your Limited Warranty:
- any unsanitary condition;
- use of the Mattress on an improper bed frame;
- physically abusing the Mattress;
- attempting to clean the Mattress in an inappropriate manner;
- improper storage of the Mattress (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); or
- purchase from resellers who are not authorized retailers.
For the health and safety of anyone who would be required to dispose of or otherwise handle the Mattress, we may refuse to inspect any Mattress to assess whether it is covered by this Limited Warranty if such Mattress is in an unsanitary condition (due to blood or bodily fluid stains or soiling, infestation or other abuse or conditions) or if the Mattress exhibits stains or soiling of unknown origin or nature. In this case, we reserve the right to deny Limited Warranty coverage.
The Limited Warranty is only valid for a Mattress used on appropriate foundations. Appropriate foundations are defined under this Limited Warranty as: solid platform beds, box springs, or any other solid support base that is capable of supporting the weight of the Mattress and its user(s). Additionally, appropriate foundations will match (or be larger than) the size of your Mattress (for instance, a King Mattress supported on a Queen foundation is not deemed appropriate and will not be eligible for warranty claims). If you are using a metal frame with your solid support base for Mattress sizes Full, Queen, King, or California King, this Limited Warranty shall be void if the foundation is not supported by a minimum of 5 legs, including a vertical center support leg. If you have a Twin sized Mattress, your Limited Warranty will be valid with the use of a 4-legged metal frame.
Dispute Resolution and Binding Arbitration; Class Action Waiver
- YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND THE COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF THE MATTRESS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified herein. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of you and the Company and may be entered as a judgment in any court of competent jurisdiction.
- If you prevail or the Company prevails on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you or to us under the standards for fee shifting provided by law.
- You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Making a Claim Under the Limited Warranty
In the case of a defective Mattress under this Limited Warranty, the Company will first make a good faith effort to repair the defect. If the defect is deemed not reasonably repairable, the Company will replace the Mattress free of charge.
To make a claim under this Limited Warranty, you must notify the Company of any Limited Warranty claims by reaching out to Customer Experience at the following:
Parachute Home Inc.
Email address: firstname.lastname@example.org
Toll Free Phone Number: (888) 967.8832
3525 Eastham Dr.
Culver City, CA 90232
For any claim made under this Limited Warranty submitted to the Company, please include your order number (in the subject line, if submitted via email). Please include a thorough description of why you are making a claim against this Limited Warranty. Please include a photograph, if applicable. We may request additional information from you, as necessary to make a determination.
If it is determined by the Company that you have a valid claim under this Limited Warranty, you will not be responsible for any shipping or handling costs required to repair or replace the Mattress.
No claim may be made under this Limited Warranty after the tenth anniversary of the Warranty Commencement Date.