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99-NIGHT SLEEP TRIAL & 10-YEAR LIMITED WARRANTY, INCLUDING OUR WON’T SINK BET

Effective as of January 22, 2024.

Thank you for choosing your mattress from Boring Mattress Co. (“Boring”). We are committed to delivering top-quality products, and are proud to offer this 99-Night Sleep Trial (“Sleep Trial”), and a 10-year Limited Warranty including a Won't Sink Bet (“Limited Warranty” or “Warranty”). If after sleeping with us and you're not satisfied, or if you have a problem with your mattress, please refer to our Sleep Trial, Limited Warranty including Won't Sink Bet, detailed below. 

Please be aware that the Sleep Trial and Limited Warranty Including Won't Sink Bet apply only to original consumer purchasers of new Boring mattresses directly from Boring via our official website at boring.co., where the subject mattress is in the United States at the time of a Sleep Trial or Warranty-based claimIf you have questions, complaints, or want help, contact us at hello@boring.co for guidance on the next steps.

BORING 99-NIGHT SLEEP TRIAL

For any reason at all, if within the first 99 nights of receiving delivery of your new Boring mattress you're not entirely satisfied with it, you may return the mattress for a full refund of the price paid upon proof of your original purchase directly from Boring via our official website at boring.co., and provided it has not been subjected to improper use/abuse, mishandling, or lack of maintenance/proper care (more on that here). Please note that the value of any applied discount will not be refunded, nor will Boring refund original Product shipping fees to Alaska or Hawaii addresses. 

If mattress pickup, shipping and/or disposal is necessary in connection with your Sleep Trial return, Boring will make our best reasonable effort to assist you with those arrangements, and we will cover reasonable costs. “Returned” mattresses could be donated to organizations or individuals in need.

Please note that a mattress must be situated in the United States to receive the full benefit of this 99-Night Sleep Trial.  

Please also note this Boring 99-Night Sleep Trial is limited to one return per household per year. (We suggest trying a single mattress before making multiple purchases to ensure it meets your comfort and quality expectations.)

Contact us at hello@boring.co for help getting started.

10-YEAR LIMITED WARRANTY INCLUDING OUR WON'T SINK BET

Your new Boring mattress is covered by a 10-year limited warranty, including our Won't Sink Bet (the “Limited Warranty” or “Warranty”), which gives you specific legal rights. You may have other rights, but those vary from state to state.

HOW LONG DOES MY COVERAGE LAST? 

Your Boring mattress is protected by this Warranty for ten (10) years from the original purchase date. 

Our 10-year commitment to you is focused on material defects resulting from the use of defective materials or poor craftsmanship in your purchased Product, as well on your comfort for a decade. 

WHO AND WHAT IS COVERED BY THIS LIMITED WARRANTY INCLUDING WON'T SINK BET?

The Limited Warranty applies in the United States only, if you are both the first purchaser and current owner of a Boring Mattress Co. mattress (or “Product”) that you bought directly from Boring via our official website, BORING.CO, and put to the ordinary household uses for which it was designed. In other words, this Warranty is non-transferable, does not apply to Boring Products bought from other retailers or resellers, and does not apply if a Product in question is located outside of the United States or used or applied commercially or otherwise than as intended.  

Specifically, and subject to all of the additional terms contained here, it covers:

  • Visible Indentation or Sag: If the foam material of the sleeping surface of the mattress shows a visible indentation or sag greater than three-quarters (3/4) of an inch without any weight on it. NOTE: For this warranty condition to apply, your mattress must be continuously supported by an appropriate foundation for handling the distributed weight of the mattress and its occupants. Please contact us at hello@boring.co with any questions about the foundation you are using or plan to use.
  • Material Flaws in Foam: A defect in the foam material that causes it to split or crack despite ordinary use conditions and proper handling.
  • Material Flaws in Mattress Cover: physical flaws in the mattress cover, such as torn fabric or seams coming undone.
  • Manufacturing Defects: a defect or fault in manufacturing, including manufacturing materials, that materially affects the overall integrity, function or performance of the mattress.  
  • Won't Sink Bet: we want you to enjoy a decade of comfortable sleep without worry – we call it the Won't Sink Bet – here’s how: 
    • First 3 Years.  Within the first three (3) years from the original Product purchase date, after which time this opportunity expires, if you believe you experience a change in mattress comfort due to soft spots or loss of support, you may return and exchange your original Boring mattress for a new one – one time only, free of charge, and with no required showing of any of the specific warranty-related defects detailed above (a “Comfort Exchange”). If necessary in the case of a Comfort Exchange, Boring will use reasonable best efforts to arrange for removal/disposal of the original Product and cover the reasonable costs.
    • Remainder of Warranty Period.  (A) After the earlier to occur of (i) a Comfort Exchange, or (ii) the end of the three (3) year period from the original Product purchase date, and (B) up to once per year thereafter for the remainder of the 10-year Limited Warranty term, (C) you may return and exchange your mattress for a new one, at a cost of  75% of the then-current manufacturer’s suggested retail price for the replacement mattress, with no required showing of  any of the specific warranty-related defects detailed above (a “Comfort Refresh”). To receive a Comfort Refresh, you will be required to agree to  provide reasonable documentation of the pickup, removal and/or disposal of the  underlying mattress within 30 days after delivery of a Comfort Refresh mattress or be charged up to the full then-current retail price of the Comfort Refresh mattress. Upon request we will make reasonable efforts to help with arranging a pickup/removal or disposal of your older mattress, but you will be responsible for any and all the costs.
    • All that is required for you to take advantage of a Comfort Exchange or Refresh under our  Won't Sink Bet, is that you provide us with your valuable feedback regarding your comfort issue(s), along with your proof of Product purchase and an image of you laying on the subject mattress, the purpose of which is to help us identify where you perceive a soft spot or sag or sinking. We are not here to argue with you or dispute your discomfort, but to document and learn and iterate on our Product.
    • Please note these Won't Sink Bet provisions do not apply, and cannot be combined, with any other discounts, offers or promotions, and that the terms of this Won't Sink Bet have no cash, claim, refund or redemption value.

WHAT WILL BORING MATTRESS CO. DO UNDER THE WARRANTY?

In addition to the provisions of the Won't Sink Bet of this Warranty, if your original Product contains one of the above specific warranty-related defect problems covered by our Limited Warranty, Boring will either repair or replace the Product, in whole or in component part(s), as applicable and at our sole discretion. For instance, In cases involving a defective Product component, we may choose to repair the component, or replace the component, or replace the Product. 

When Boring replaces a Product or its component under Warranty, including in the case of a Comfort Exchange or Comfort Refresh claim under the Won't Sink Bet provision, we'll provide the closest style, color, version, material or model to the original Product that is then available, which may differ from the original. If you wish to replace a subject Product with an alternative that is more expensive than the closest then-available style, color, version material or model to the original Product ( “Upgrade”), you may be required to pay the applicable price difference. 

If Product pickup and/or disposal is necessary in accordance with this Limited Warranty including Won't Sink Bet, Boring will use its best reasonable efforts to assist with making those arrangements, and cover reasonable charges. 

Upon a warranted repair or replacement (as applicable), Boring will ship the component or Product or Upgrade back to you, provided however that if the shipping destination is not covered by Boring’s Free Shipping (i.e., AK & HI), the customer shall be responsible for the cost of any shipping charges..

Please note, any repair or replacement of a Product or component under this Limited Warranty including Won't Sink Bet will not extend the original Limited Warranty period, nor will it commence a new one; rather, the Warranty period of a repaired or replacement Product runs from the date of first purchase of the original Product. If you Upgrade, a new warranty period will begin upon the purchase of the Upgrade, on the terms then in effect. The one-time free mattress replacement under the Won't Sink Bet only applies to the first, original purchase.

WHAT IS NOT COVERED BY THIS WARRANTY?

This Boring Warranty does not cover ordinary wear-and-tear, or Product changes that are naturally expected to occur in a mattress over time due to its regular usage and keeping in its intended context (namely, reclining and sleeping in a household). 

This Warranty also excludes damage to a Product resulting from unintended, improper or extraordinary uses. By way of example, attempts to apply the mattress as a gym mat, a pool float, or outdoor seating are bad ideas and aren’t covered.

Because every Boring mattress is uniquely made, slight variations and cosmetic imperfections are not considered defects if they would not prevent ordinary use and enjoyment of a mattress by a reasonable consumer.  For example, minor discrepancies in surface levelness, or imperfect symmetry in corners may occur, and are not covered under this Warranty.

Boring mattresses are designed and intended always to be used atop a firm, stable foundation surface, such as a bed frame or platform, that is structurally sound and adequate to support the total weight of the mattress and its occupants. The Warranty does not cover issues arising from using a Product in any way that is not in accordance with its intended design and purpose.

Specific conditions this Warranty excludes and does not cover include but are not limited to:

  • Minor imperfections and small cosmetic flaws;
  • Normal wear and tear;
  • Damage such as tears, stains, burns, discoloration, dampness, or mold that occur or accumulate due to personal circumstances and conditions of use over time;
  • Personal preferences regarding firmness, texture, or comfort;
  • Normal indentations in the mattress of less than 3/4 inch;
  • Personal allergies or sensitivities; and
  • Scents naturally emanating from textiles or foam materials.

Additionally, both the 99-Night Sleep Trial and the Warranty including Won't Sink Bet will be void, and Boring will reject a claim for repair or replacement or other relief, if the mattress is found to be in a condition that suggests it was subjected to improper use/abuse, mishandling, or lack of maintenance/proper care. This includes but is not limited to:

  • Unsanitary conditions;
  • Burns, cuts, punctures, spills, other effects of physical abuse or damage, including but not limited to damage from improper cleaning methods or solutions;
  • Use with unsuitable foundation support;
  • Improper environment, such as exposure to moisture, extreme heat source, pests, weather;
  • Failure to unbox and open the mattress for more than 90 days after delivery; and
  • Commercial use.

HOW TO MAKE A CLAIM UNDER THIS LIMITED WARRANTY INCLUDING WON'T SINK BET

To get started with making a claim under this Warranty, send: 1) a brief written description (and photo if possible) of the problem; 2) proof of the original date of purchase (such as your order number or an original dated sales receipt) to Boring Mattress Co. at hello@boring.co

To get the benefit of this Limited Warranty, you may be required to return a Product or component to Boring; should any shipping be required in connection with such a return, you will not be responsible for those costs. If the shipping destination is not covered by Boring’s Free Shipping (i.e., AK & HI), the customer shall be responsible for the cost of any shipping charges.

NO HEALTH CLAIMS

Boring Mattress Co. makes no claim  its Products have medical or health benefits. This Warranty does not cover issues such as allergies, discomfort, or other health-related conditions. If you have any medical or health-related questions or concerns, please consult with a qualified medical professional.

LIMITATIONS ON LIABILITY / YOUR RIGHTS UNDER STATE LAW

WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHATSOEVER BEYOND THOSE EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY (AND NON-PUFFERY CLAIMS IN OUR MARKETING MATERIALS), AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ANY AND ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSIONS OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL BORING OR OUR 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 A PRODUCT, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INDEMNITY, OR OTHERWISE, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN NO CASE SHALL BORING MATTRESS CO.’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH LIABILITY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 

This Warranty provides specific legal protections, but you might also have additional rights that differ depending on your state.

GOVERNING LAW / CHOICE OF LAW / VENUE

This Warranty is governed by and construed in accordance with the laws of the State of Arizona, excluding its conflicts of law rules, and any lawsuit or court action permitted hereunder shall take place in and under the laws of the state and federal courts located in Maricopa County, Arizona.

DISPUTE RESOLUTION / ARBITRATION / WAIVER OF CLASS ACTION RIGHT

Any dispute arising out of or relating to this Limited Warranty including Won't Sink Bet shall 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

Boring Mattress Co., LLC is the Warrantor under this Limited Warranty. Please contact us at hello@boring.co. Our address is 315 W Elliot Rd #107-430, Tempe AZ 85284.