DRUMI 100 NIGHT TRIAL AND 10 YEAR LIMITED MATTRESS WARRANTY
I. 100 Night Trial
Your new Drumi mattress (the “Mattress”) is covered by a 100-night trial (the “100-Night Trial”). For a period of one hundred (100) nights from the date of delivery of the Mattress, you may return it for a refund of the full purchase price, less $99 transportation cost. As part of this trial, we ask only that you commit to trying the Mattress for a full thirty (30) nights.
To return a Mattress under the 100-Night Trial, simply email us at firstname.lastname@example.org.
This policy is limited to one return per household per year, and it must be exercised directly with Drumi no later than the 100th day following delivery (or your personal possession) of the Mattress for which you want a refund. Drumi’s 100 Night Trial is null and void once a Mattress is transported out of the United States.
Please retain your original purchase receipt to submit as proof of purchase, as this may be requested as part of the return process.
II. 10 Year Limited Mattress Warranty
In addition, your Mattress is covered by a 10-year limited warranty (the “Limited Warranty”). For a period of ten (10) years from the date on which you purchase the Mattress directly from Drumi (the “Term”), Drumi will provide you with the protections specifically stated within this Limited Warranty. Drumi undertakes no responsibility for the quality of the goods except as provided herein.
A. Products Covered by this Limited Warranty
This Limited Warranty is valid only in connection with the purchase of a Mattress for personal consumer use and not for commercial or industrial use or with the intent to resell the Mattress.
Drumi tests its mattresses alone under Federal Open Flame Flammability standards, and they all meet or exceed these requirements. Drumi cannot and does not test the many forms of foundations available for consumers for purposes of flammability under Federal Open Flame Flammability standards.
Mattresses manufactured by Drumi are, however, designed to be placed on a firm, solid-surface, non-spring foundation or adjustable bed base that is structurally capable of supporting the weight of the Mattress and user(s). This Limited Warranty does not cover your Mattress in the event that it is used in a manner incompatible with that intended design at any point during the Term. Such noncompliant use will render this Limited Warranty null and void. Drumi shall require you to provide proof of the quality of foundation, adjustable bed base, or bed frame used in conjunction with the Mattress if a claim is made under this Limited Warranty. If the purchaser uses an inappropriate foundation, box spring or base, the Limited Warranty, without limitation will be void. Drumi will require the Customer to provide proof of the quality of the foundation, box spring or base used in conjunction with the mattress if Customer makes a claim under this Limited Warranty.
B. Who this Mattress Warranty Extends To
This Limited Warranty extends only to the original purchaser of the Mattress during such time as the original purchaser retains ownership and use of the Mattress, and only extends to those who purchase their Mattress directly from the Drumi website. Drumi may require you to provide proof of purchase of the Mattress from Drumi. The failure to so provide proof of purchase shall render this Limited Warranty null and void.
C. Drumi's Limited Mattress Warranty and Responsibilities
Drumi warrants the Mattress sold to you, as it exists when such Mattress is received by you in its original packaging, against the material defects in workmanship, construction and materials set forth below (“Defect” or “Defects”) for the Term.
D. What this Limited Mattress Warranty Covers
This Limited Mattress Warranty applies to the following Defects:
- Deterioration causing the Mattress to have a visible indentation greater than one-and-one-half (1.5) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a Mattress be continuously supported by a proper bed frame consisting of a matching solid foundation, box spring, bed frame, or adjustable bed base sufficient to support the collective weight of the Mattress and, where applicable, the foundation, box spring or adjustable bed base. A proper bed frame is defined, for the purposes of this Limited Warranty, as having at least five (5) leg supports, one of which must be centered, for a Queen, Eastern King, and California King mattress, four (4) leg supports for Twin and Full mattresses, centered leg is not required for Twin or Full mattresses. For all slatted style bed frames, there cannot be greater than four (4) inches between each slat in order to provide ample structural support for the foundation and user(s).
- Any physical flaw in the Mattress that causes the foam or spring materials to split, break or crack, despite normal usage and proper handling.
- Any manufacturing defect in the zipper assembly of the Mattress cover, if removable; provided however such aspects of the Mattress cover are only warranted for 1 year from the date of purchase.
This Limited Mattress Warranty does not cover the following:
- A normal increase in softness of the foam or spring pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
- Comfort preference.
- A normal decrease in thickness of the Mattress which does not include a visible indentation greater than one-and-one-half (1.5) inches.
- Buyer’s remorse.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, stains or soiling, 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, provided that the defect is caused by such abuse, or abnormal conditions or damage. By way of example, if it is determined that an indentation is caused by misuse, abuse or factors other than a product defect, this warranty will not cover that condition.
- Damage to the Mattress cover, handles, or associated zipper assembly caused by improper care, which includes any removal of the cover from the Mattress itself.
- Naturally occurring aromas from foam or other materials.
- Replacement of any non-defective pieces in the Drumi Mattress (in other words, if you purchase a Mattress with multiple components and only one component is defective, then we will only replace the defective component).
- Any Mattress sold by resellers who are not authorized retailers
- Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
- Damage associated with use of the Mattress with an inappropriate solid foundation, box spring, bed frame, or adjustable bed base or associated with a solid foundation, box spring, bed frame, or adjustable bed base that does not provide continuous support.
- After the Mattress has been sold or otherwise transferred to a person other than the initial first purchaser of the Mattress from Drumi.
- Any damage due to (i) transportation, (ii) storage, (iii) improper use, (iv) failure to follow the Mattress instructions, (v) unauthorized repair, (vi) normal wear and tear, or (vii) external causes such as accidents, abuse, or other actions or events beyond Drumi’s reasonable control.
- Any Mattress used in hotels, motels or other institutional facilities.
- Any Mattress that has been transported out of the United States; if a Mattress is transported out of the United States, this warranty becomes null and void.
- Any Mattress from which one or more of the originally attached labels have been removed.
E. Repair or Replacement Terms
In the event of a covered Defect, Drumi will either repair or replace the Mattress (or defective portion thereof), at Drumi’s option. The percentage of the covered Defect that Drumi is responsible for under this Limited Warranty varies based on the time at which a valid claim is made, as follows:
- If the valid claim is made within 18 months of the original date of purchase of the Mattress, Drumi will cover 100% of the cost of repair or replacement;
- If the valid claim is made between 19 and 36 months after the original date of purchase of the Mattress, Drumi will cover 80% of the cost of repair or replacement;
- If the valid claim is made between 37 and 60 months after the original date of purchase of the Mattress, Drumi will cover 60% of the cost of repair or replacement;
- If the valid claim is made between 61 and 96 months after the original date of purchase of the Mattress, Drumi will cover 40% of the cost of repair or replacement; and
- If the valid claim is made between 97 and 120 months after the original date of purchase of the Mattress, Drumi will cover 20% of the cost of repair or replacement.
Such repair or replacement shall be Drumi’s sole and exclusive liability and your sole and exclusive remedy in such event.
Drumi’s obligation to repair or replace the Mattress or portion thereof, as above, shall be subject to your fulfillment of “Your Responsibilities,” detailed below.
If Drumi chooses to repair the Mattress or portion thereof, and identical materials are not available at the time of such repair, Drumi reserves the right to substitute materials of comparable quality. If the Mattress you purchased or the defective portion thereof is discontinued at the time of your warranty claim, and Drumi chooses to replace the Mattress or portion thereof instead of repairing it, a current model of comparable quality and value will be selected. In the event that the Mattress cover is to be replaced, the replacement cover may be provided in a different color and/or design than what was originally purchased.
F. Your Responsibilities
In the event of a covered Defect, please contact Drumi by email at the address indicated below to initiate a claim. At that time, Drumi will tell you where the Mattress (or Mattress cover, if it is the cover that is defective) should be sent. In order to get the benefit of this Limited Warranty, you must return your Mattress or Mattress cover, as applicable, and provide Drumi with your original proof of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Mattress or portion thereof. In the event that the Mattress is proven to have a Defect, Drumi will reimburse you for shipping costs up to one hundred dollars ($100.00).
In order to initiate a warranty claim, you will be responsible to collect the information and documentation as listed below for evaluation and approval.
- Picture of all law & product tags
- Name, address & date of purchase.
- Pictures of affected area – close up
- Pictures of affected area – distance to include entire uncovered mattress
In the event of body impression or sag the mattress must either:
- Be inspected by a company representative or;
- Be placed on flat floor and measured with straight edge across the affected area with picture of ruler perpendicular to straight edge at the lowest indentation point without applying any pressure. Measurement of the depression while mattress is on an existing foundation, box spring, platform or bed frame will not be accepted as these items may be the cause or contribute to the depression.
- Picture of complete uncovered bed frame if utilized is required.
- Picture of complete uncovered foundation/box spring/platform if utilized is required.
- In the event a support structure with slats is utilized a picture of measurement between the slats is required.
Drumi reserves the right to require physical inspection of the Limited Warranty claim item at a location designated by Drumi. Transportation to the facility will be the responsibility of customer.
In the event that the Mattress is proven to have a Defect, but you wish to replace your Mattress with a more expensive Mattress (an “Upgrade Mattress”) in lieu of standard repair or replacement, then, when submitting your warranty claim, please email or call Drumi at the email address or telephone number set forth at the end of this Limited Warranty. You will be required to pay the difference between the prorated replacement value of the Mattress and that of the Upgrade Mattress, plus the cost of any related additional system pieces necessary for such Upgrade Mattress. In the event that the Mattress is proven to have a Defect and you do not so wish to obtain an Upgrade Mattress, Drumi will repair or replace the Mattress or defective portion thereof (at Drumi’s option).
Drumi will deliver the repaired or replaced Mattress or Upgrade Mattress (as applicable) to you. You will be responsible for any costs associated with such delivery.
Replaced or repaired Mattresses that are not Upgrade Mattresses are subject to the same Limited Warranty as the original Mattress and thus the warranty term is not extended. For example, if you obtain a replaced or repaired Mattress that is the same in style and price or is substantially the same or comparable in style and price as the original Mattress (such that no additional mattress upgrade payment is made by you), then the warranty term of the replaced or repaired Mattress is still measured from the date of your purchase of the original Mattress. If you purchase an Upgrade Mattress, then you obtain a new Limited Warranty, and the warranty term will begin upon the purchase of the Upgrade Mattress.
Telephone Number: +1-844-425-3556
G. Disclaimer, Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS,” AND THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT THAT THE MATTRESS OR PORTION THEREOF IS DEFECTIVE.
DRUMI SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT SHALL DRUMI OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS, OR FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF DRUMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL DRUMI’S TOTAL LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO SUCH LIABILITY.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS 10 YEAR LIMITED MATTRESS WARRANTY IS VOIDED ONCE THE DRUMI MATTRESS IS SHIPPED OR REMOVED TO ANY COUNTRY OR TERRITORY OTHER THAN THE US
Any and all claims and disputes arising from or relating to the Mattress, its use, or this Limited Warranty shall be subject to binding arbitration. Such arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and its Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by a single arbitrator, who shall be selected by the parties. In the event that the parties cannot reach agreement on a single arbitrator, then the arbitration will be conducted by a panel of three arbitrators, with each party designating one arbitrator, and the two designated arbitrators selecting a third arbitrator who will then serve as chair of the arbitration panel. If there is $10,000 or less at issue, the hearing shall be conducted by phone unless the arbitrator(s) finds good cause to hold an in-person hearing. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. The arbitrator(s) shall issue their decision within one-hundred-twenty (120) days of the claim or dispute being submitted. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrator’s award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator’s award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. All in-person arbitrations shall take place in Boston, Massachusetts.
Arbitration of all claims and disputes arising out of or relating to the Mattress, its use, or this Limited Warranty shall be a condition precedent to you exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.
I. Governing Law
This Limited Warranty will be governed by the laws of the Commonwealth of Massachusetts.
Plush and Fluff LLC (“Drumi”)
31 St. James Avenue, Suite 809, Boston, MA 02116
All parts of this Limited Warranty apply to the maximum extent permitted by law or unless prohibited by law.