120 Night Trial | King Living

Sleep+ 120 Day Mattress Trial (Promotional Offer)

v.20240916

Offer commences 13 September 2024.

Deposit must be received on or after 13 September 2024.

1. Introduction

1.1 This Sleep+ 120 Day Mattress Trial promotional offer (120 Day Mattress Trial) is limited in its application to mattresses which are purchased for personal, household or domestic use. If you purchase a mattress for a commercial purpose, (not for personal, household or domestic use), then this 120 Day Mattress Trial does not apply.

1.2 The 120 Day Mattress Trial is offered in addition to the warranty for products and components in item 15 ‘Sleep+ products (excluding Fit Cover)’ and item 16 ‘Fit Cover’ as set out in King’s express warranty as amended by King from time to time (King Warranty).

1.3 If you, (the customer), purchase a Sleep+ mattress (Mattress) from King Living, then you are eligible to receive the benefit of the 120 Day Mattress Trial, subject to all of the terms and conditions expressed here.

1.4 The 120 Day Mattress Trial period commences on the date when the mattress is delivered to the customer and ends 120 days after that date (Trial Period).

2. What are the Benefits of the 120 Day Mattress Trial?

2.1 If, before the end of the Trial Period, the customer is not satisfied with the Mattress for any reasonable reason, King Living will (subject to the other terms of this 120 Day Mattress Trial):

1. collect the Mattress from the customer’s address; and
2. provide the customer with a full refund of the purchase price paid by the customer for the Mattress.

3. What are the Conditions of the 120 Day Mattress Trial?

3.1 In order to receive the benefits of the 120 Day Mattress Trial, all of the following eligibility criteria must be satisfied:

1. The customer has slept on the mattress for at least 14 successive nights during the Trial Period.
2. After the customer has slept on the mattress for at least 14 nights in succession and before the end of the Trial Period, the customer must notify King Living in writing, (refer to clause 6), that they are not satisfied with the Mattress, and the reason for their dissatisfaction with the Mattress. (Refer to clause 6.)
3. The reason for the customer’s dissatisfaction is not any of the following:
  1. The customer has purchased the incorrect size of Mattress.
  2. The customer wishes to change the size of the Mattress.
  3. The customer is dissatisfied with the Mattress for aesthetic reasons such as colour or appearance.
  4. The customer wishes to exchange the Mattress for another mattress of a different size, price or quality;
4. After receiving written notification of the customer’s dissatisfaction, King Living may offer to make modifications or adjustments to the Mattress or to replace a comfort layer or other component of the Mattress; In that case the customer must make reasonable and timely efforts to ‘try out’ any such modifications, adjustments or replacements, if they are offered by King Living.
5. The customer has not previously claimed a refund in reliance on the 120 Day Mattress Trial in relation to any other mattress at any time.
6. The customer has paid to King Living the full purchase price for the Mattress.
7. The customer has only used the Mattress in their home, and the Mattress has not been used at any time for commercial purposes (such as hotel, motel, hostel or other paid accommodation services including Airbnb).
8. The Mattress is not damaged or stained.

3.2 You must use and maintain the Mattress in accordance with the care instructions for the relevant Mattress as provided on King Living’s website and any other information made available to you by King Living. If a component of a Mattress becomes defective, you must not attempt to repair it yourself. Doing so may cause damage to the Mattress and make you ineligible to receive the benefit of this 120 Day Mattress Trial.

4. Pickup and Refund

4.1 When King Living is satisfied that all of the criteria for this 120 Day Mattress Trial have been satisfied:

1. if the customer’s nominated address is within a metropolitan area where a King Living showroom is located (Metro Area), King Living will make arrangements with the customer to collect the Mattress from the nominated address at King Living’s cost (generally, on the next available delivery timeslot for collection of the item); and
2. if the customer’s nominated address is outside of a Metro Area, the customer must make arrangements with King to return the Mattress to a King Living warehouse nominated by King at the customer’s cost.

4.2 King Living will refund the purchase price of the Sleep+ mattress to the customer within 10 business days after the Mattress is received by King Living or, (at our discretion), by one of King Living’s charity partners. The purchase price will be refunded to the customer’s credit card, debit card or bank account, depending on how the customer made the initial purchase of the Mattress.

4.3 If King or its charity partner determines (after examination) that the Mattress is damaged or has been used in such a way that the customer’s refund claim does not satisfy the conditions of this 120 Day Mattress Trial (an Invalid Refund Claim) then:

1. the purchase price of the Mattress will not be refunded;
2. King Living will notify the customer and:
  1. King will return the Mattress to the customer’s address at the customer’s cost; or
  2. the customer must collect the Mattress within 7 days after that notification from either King Living’s or its charity partner’s warehouse, (wherever the Mattress is being stored) and if the Mattress is not collected by the customer within 7 days, King has the right to dispose of the Mattress without refunding the purchase price or any further notice to the customer; and
3. costs incurred by the customer for freight, call-out fees, labour and other items associated with making the Invalid Refund Claim will not be refunded. Those costs (if incurred by King Living) will be charged to you at King Living’s standard rates.

5. What is not Covered by the 120 Day Mattress Trial?

5.1 This 120 Day Mattress Trial only applies to the original purchaser of the Mattress where the Mattress is delivered to delivery address in New Zealand and remains in New Zealand for the full Trial Period. You cannot assign or transfer the benefit of this 120 Day Mattress Trial. A subsequent purchaser acquires the Mattress without the benefit of the 120 Day Mattress Trial.

5.2 This 120 Day Mattress Trial does not apply:

1. if you purchase the Mattress for a commercial purpose, (not for personal, household or domestic use);
2. to any exclusions specifically listed in the terms of this 120 Day Mattress Trial promotional offer;
3. if the Mattress has been delivered to an address outside of New Zealand whether by King Living, another third party or the original purchaser;
4. if the Mattress has not been purchased directly from King Living;
5. if the Mattress has been modified or changed without approval from King Living;
6. if the Mattress has had any product tags removed, altered or defaced; or
7. if components of the Mattress have:
  1. not been purchased directly from King Living; or
  2. been modified or changed without approval from King Living; or
  3. had any product tags removed, altered or defaced.

6. How Do You Claim a Refund?

6.1 In order to make a claim for a refund (Refund Claim), you, the customer, must notify King Living’s Customer Service before the end of the Trial Period. Contact Details are at the end of these terms and conditions.

6.2 When making your Refund Claim you must notify King Living of:

1. your name;
2. order delivery address (Where was the Mattress delivered?);
3. your phone number;
4. King Living product details for the Mattress;
5. date of purchase;
6. reason for your dissatisfaction with the Mattress.

6.3 After notification is received by King Living, a Customer Service representative will help determine whether your Refund Claim is valid, and if it is, will inform you how King Living will honour it.

6.4 King Living Customer Service may ask you reasonable questions which are for the purpose of determining your eligibility under the 120 Day Mattress Trial. You must answer the questions in full, promptly and truthfully.

6.5 King reserves the right in its absolute discretion to determine, acting in good faith, whether you are eligible to receive the benefit of the 120 Day Mattress Trial.

7. Disclaimer

7.1 To the extent permitted by law, all warranties implied or otherwise not set out in this 120 Day Mattress Trial are excluded and King will be under no liability in contract, tort (including without limitation, negligence, or breach of statutory duty) to otherwise compensate the customer for:

1. any expenses incurred by the customer or a third party;
2. any loss of profit, revenue, business, contracts or anticipated savings;
3. any loss or expense resulting from a claim by a third party;
4. any special, indirect or consequential losses or damages caused by King Living’s failure to complete or delay in completing any of its obligations in this 120 Day Mattress Trial.

8. Limitations On Disclaimer

8.1 If the supply of the Mattress to you is a consumer sale pursuant to the Consumer Guarantees Act, the following statement applies. In the following statement, ‘our’ means King Living and ‘you’ means the purchaser of a Mattress:

Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.2 The benefits given by this 120 Day Mattress Trial are additional to other rights and remedies that you may have in relation to our products. Any clause of this 120 Day Mattress Trial which is unenforceable or void is to be severed and the other terms of this 120 Day Mattress Trial will remain in force.

9. Contact

9.1 If you have any questions or comments in relation to this 120 Day Mattress Trial, or if you wish to make a Refund Claim, please contact:

King Customer Service

0800 546 422

[email protected]

www.kingliving.co.nz

535 Parnell Rd

Parnell, Auckland 1052

New Zealand