• Deterioration of the mattress resulting in a visible indentation greater than one (1) inch that is not associated with an indentation or sag as a result of an improper or unsupportive foundation or base. Normal wear requires that a purchaser’s mattress be continuously supported by a matching, solid foundation, base, or frame substantial enough to support the mattress and occupant(s).
• Any physical flaw in the craftsmanship of the mattress that causes permanent damage to the memory foam despite proper set-up and normal use.

• A normal increase in softness of the memory foam which is normal and does not affect the pressure-relieving quality of the mattress.
• Comfort preference.
• Physical abuse or damage to the structure and / or cover material, including but not limited to, burns, cuts, tears, liquid damage & stains, or soiling.
• Damage from using an improper bed frame, foundation, platform bed, or adjustable base.
• Replacement(s) of another piece in the QUEEN ROSE sleep system, unless other piece(s) is also defective.
• Product sold by resellers who are not authorized retailers.
• Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

• Except as otherwise provided herein, QUEEN ROSE will not charge purchaser to repair or replace purchaser’s mattress if it is deemed defective during the length of this 10 year Limited Warranty, but any transportation or shipping costs associated with any such repairs or replacements are purchaser’s responsibility. No new warranty is provided on a replacement product. The warranty for the replacement product runs from the date of purchase of the original product. In connection with the replacement of a product in compliance with the terms of this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, purchaser may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product, plus the cost of any related additional sleep system pieces not being replaced as part of the warranty exchange. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded product and related additional sleep system pieces only.

• THE WARRANTIES AND REMEDIES SET FORTH HEREIN AND THE OBLIGATIONS AND LIABILITIES OF SELLER AS STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO PURCHASER AND PURCHASER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO PURCHASER OR RELIED UPON BY PURCHASER WITH RESPECT TO THE QUALITY AND FUNCTION OF THE PRODUCTS HEREIN SOLD.

• In the event of a confirmed Defect, QUEEN ROSE’s sole and exclusive liability and your sole remedy under this limited Mattress Warranty will be, at QUEEN ROSE’s option, to provide a replacement Mattress or to provide a refund, subject to your fulfillment of “How to Make a Claim” below. Refunds are based on the original purchase price and may be pro-rated by QUEEN ROSE according to the remaining life of the Mattress Warranty. Refunds shall exclude shipping and handling charges discussed below.

• In the event of a Defect and in order to get the benefit of this limited Mattress Warranty, you must return your mattress to QUEEN ROSE and provide QUEEN ROSE with proof of the original date of purchase. Any transportation or shipping costs associated with any such repairs or replacements are purchaser’s responsibility. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited MattressWarranty. In the event of a Defect, QUEEN ROSE will ship a replacement mattress(if applicable) to you.
• Any permissible return must be authorized first. No unauthorized returns are allowed. To initiate a claim under this Mattress Warranty, please contact QUEEN ROSE at support@queenrose.com

• Except as otherwise provided herein, QUEEN ROSE will not charge purchaser to repair or replace purchaser’s Mattress if it is deemed defective during the length of this three (3) year Limited Warranty. QUEEN ROSE reserves the right to confirm any Defect. In the event the Mattress is not deemed defective, you shall be responsible for all shipping costs associated with the return, including delivery to and from QUEEN ROSE’s facilities. No new warranty is provided on a replacement product. The warranty for the replacement product runs from the date of purchase of the original product. In connection with the replacement of a product under this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, purchaser may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product, plus the cost of any related additional sleep system pieces not being replaced as part of the warranty exchange. Exchanges for items of lesser value are not allowed. In the event of an upgrade as described in this paragraph, a new limited warranty will be provided for the upgraded product and related additional sleep system pieces only.

DISCLAIMER, LIMITATION ON LIABILITY

• THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY CLAIM UNDER THIS LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED MattressWARRANTY, IN NO EVENT WILL QUEEN ROSE OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE BASE 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 QUEEN ROSE HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. QUEEN ROSE’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO SUCH LIABILITY.

• SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

• The U-shaped Pillow, E-shaped Pillow, Luxury Pillow, Duvet, Comforter, Mattress Topper, Pillow Cover, and Duvet Cover  is covered by a one (1) year limited warranty (the “Bedding Warranty”), which begins on the date of purchase, and is made available to bedding manufactured by for QUEEN ROSE and that are purchased directly from QUEEN ROSE or QUEEN ROSE’s authorized retailers. This Bedding Warranty gives you specific legal rights, and you may have other rights that vary from state to state.
• QUEEN ROSE warrants the Bedding, when sold to you in its original packaging, against confirmed defects in material and workmanship (“Defects”), as set forth below, for a period of one (1) year from the time your Bedding is purchased by you, provided the Bedding is only used normally for its intended purposes.
• This limited Bedding Warranty only extends to the original purchaser of Bedding. All QUEEN ROSE warranties, including any implied warranties, are valid only for one (1) year the Bedding is owned by the original purchaser. The “original purchaser,” for the purposes of this Bedding Warranty, is the first purchaser of the Bedding from QUEEN ROSE or a QUEEN ROSE authorized retailer. Please retain a copy of your receipt as proof of purchase. All QUEEN ROSE limited warranties are non-transferable. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation on implied warranties may not apply to you.

• This limited Bedding Warranty does not cover the following:
  • Normal increases in softening and settling of materials, or any other normal wear and tear.
  • Comfort preferences.
  • Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Any Bedding (whether manufactured by QUEEN ROSE or not) sold by resellers or individual who are not authorized retailers.

• In the event of a confirmed Defect, QUEEN ROSE’s sole and exclusive liability and your sole remedy under this limited Bedding Warranty will be, at QUEEN ROSE’s option, to provide replacement Bedding or to provide a refund, subject to your fulfillment of “How to Make a Claim” below. Refunds are based on the original purchase price and may be pro-rated by QUEEN ROSE according to the remaining life of the Bedding Warranty. Refunds exclude shipping and handling charges discussed below.