Malau Mattress – 10 YEAR GUARANTEE

Mattflex LTD manufactures its mattresses with the highest level of quality aiming to deliver optimal sleep and more than a pretty rest to our customers. However, to give you further confidence about our commitment and integrity, we agree to replace any Mattflex Mattress which falls within the scope of our 10 year guarantee se out below (the “Guarantee”).

The below guarantee is created according to “The Consumer Rights Act 2015, which sets out your rights when you are buying products, services and/or digital content. 

1. General

• This Guarantee applies to every Mattflex Mattress (“Mattress”) purchased in the UK only, and not to any other products purchased from Mattflex, its authorised retailers, or any other merchant.
• This Guarantee is effective from the date your Mattress is delivered and expires 10 years from that date, 
• This Guarantee is for your benefit as the original purchaser only and is not transferable to any other person. If you sell or transfer the Mattress, or by any other means relinquish ownership of the Mattress, the subsequent owner accepts the product ‘as is’, including all faults, and has no right to claim Mattflex LTD under this Guarantee.
• This Guarantee is in addition to, and does not affect, your statutory rights in relation to defective products as set out in clause 10 of our Terms and Conditions, the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any other relevant consumer protection legislation from time to time in force in the UK.

2. Scope

• Subject to clause 3 and 4, you may seek to claim a replacement Mattress under this Guarantee where your Mattress exhibits one or more of the following material defects: The surface of the Mattress has a visible indentation or dip of greater than 2.5 cm.
• The foam has split, cracked, torn or otherwise failed to retain its structural integrity,
• Any material manufacturing defect affecting the cover, which causes it to rip, split or tear (Note: defects to the cover will only be guaranteed for 6 months). We reserve the right to replace only the cover, where the cover is claimed and accepted as being defective; and/or
• Another material defect or combination of defects in the materials or workmanship which is not attributable, in Mattflex’s sole opinion, to the Mattress being treated with a lack of reasonable care and does not fall within clause 3.

3. Limitation

We reserve the right not to honour claims under this Guarantee at our discretion, in any circumstances, which include, but are not limited to the following:

a) The fault complained of relates to the normal softening of the Mattress with age, whether attributable to the settling of the materials or otherwise,

b) The fault complained of is normal wear and tear which could reasonably be expected to result from the Mattress being used as a mattress for sleeping on and in accordance with our instructions – settlements of the surfaces used lower than 2.5 cm;

c) Deteriorations due to normal wear or tear that is responsibility of the customer i.e. holes, tears, etc.

d) Variations in measurements compared to nominal ones when the difference does not go beyond the tolerance value of +/- 2cm in width and length, as presented in clause 9 of Mattflex LTD terms and conditions

e) The fault is the result of any kind of accident, abuse, negligence or wilful damage whether by you or any other person, animal, weather event or otherwise,

f) The fault is the result of a force majeure event or act of nature beyond our reasonable control, including but not limited to fires, floods, natural disasters, wars or acts of terrorism,

g) The Mattress is in a soiled or unsanitary condition, especially if in presence of organic liquids,

h) For mold formation after 4 months of delivery date – laboratory tests show that after 4 months of use, any mold formation derives from contamination of the external environment,

i) The complaint relates to comfort preferences or localised firmness changes in the mattress,

j) For pilling formation,

k) For differences/changes/variations in colour of the polyurethanes or different shades of the coating compared to the photos. Colour differences cannot be considered non-compliant with the order.

l) Where the mattress is not used for its intended purpose as a mattress for sleeping on, or is used in a manner contrary to our instructions regarding use, including without limitation, use by any individual weighing more than 18 stone (120kg), or where you fail to rotate your mattress (by rotating the mattress from “head to toe” on a horizontal plane, as opposed to “flipping” the mattress on a vertical plane) at least once per month in the first three months following delivery, and thereafter at least once per six months;

m) Where the mattress has been used without reasonable care. A user will be considered to have lacked reasonable care in circumstances which include but are not limited to the following:

• • Use without bed linen;
  • Use with an unsuitable bed base. We consider a suitable bed base as including, but not being limited to, a supportive, dedicated mattress platform designed specifically for supporting a mattress, including a sprung or slatted bed frame, a divan base or a box spring. The slats on any slatted bed frame must be more than 2 inches (5 cm) in width and be no greater than 3 inches apart (most slatted bases are designed like this anyway). We don’t recommend the floor and other similar solid surfaces for our mattresses because they prevent the mattress from breathing and ventilating on a vertical plane. These details regarding suitable bed bases are examples, given as non-exhaustive guidelines only, and Mattflex LTD reserves the right to determine in writing whether a given bed base is suitable or not. Where you have any doubt as to whether a bed base, surface or platform is suitable, contact us by email (info@malau.co.uk) and we will be able to confirm this for you in writing.
  • The mattress being, handled or otherwise dealt with improperly, including by storing it on its side (we recognise that carrying and/or transporting the mattress on its side may be necessary from time to time in order to effect its movement between rooms and/or premises, but we recommend keeping any such movement to a minimum); and/or
  • Any other treatment which we reasonably consider as lacking the requisite degree of care.
  • Where you attempt to alter or repair the mattress without our approval, consent or instruction or attempt to clean the mattress with improper cleaning products or techniques (see our FAQ section for details)

4. Claims

• Any claim under this Guarantee must be received within 30 days of the date you actually discovered the defect, or the date you ought reasonably to have discovered the defect, whichever is earlier.
• Claims should be made to the original point of sale of the mattress. For example, replacements for defective mattresses purchased on our website should be claimed directly from us by emailing info@malau.co.uk, while replacements for defective mattresses purchased through an authorised retailer should be claimed through that authorised retailer.
• Upon seeking to claim under this Guarantee, Mattflex LTD may require that your Mattress is inspected in person by our independent inspection agent. Where you decline to facilitate this, we shall be entitled to reject your claim. The report produced following such inspection may be used to assist us to determine whether your Mattress falls within the scope of this Guarantee and therefore whether it is eligible to be replaced. Mattflex LTD (with reference to the report of our inspection agent, if such is commissioned) is the sole arbiter of whether a mattress is faulty and qualifies for a replacement under this Guarantee.
• If Mattflex LTD decides that you may receive a replacement Mattress, the replacement will be delivered to you by our standard delivery method at no cost to you within 30 days of your claim being accepted.
• Mattflex LTD will either collect the faulty Mattress upon delivery of the replacement, provided the collection address is in the country of purchase, or if agreed, arrange for you to return the Mattress to us.
• Mattflex LTD will replace a Mattress under this guarantee and it reserves the right to deduct amounts from the value of such replacement to account for use made of the product prior to any defect arising, assessed with regard to the time which elapsed between the delivery date of the Mattress and the date of the claim. Mattflex is the sole arbiter regarding the amount of any such deduction. 

• Pursuant to this guarantee, Mattflex LTD reserves the right to charge the customer for any costs associated with delivering the replacement mattress or collecting the original mattress
• For replacements completed on or after the 6th year, the new Malau mattress will enjoy of a new guarantee period which will start from the delivery date of the replacement mattress 

Note: This guarantee was updated and applies to all Mattresses ordered on or after 01^st August 2022.