Warranty
Please read the terms below for the Casper Sleep 10 Year Limited Mattress Warranty
If you purchased your product from casper.com, you do not need to register your product to activate your warranty.
Note: Products sold as "Final Sale" or "Clearance" items may be covered by shorter warranty terms than those listed below. See the "Final Sale and Clearance Items" section below for more details on the warranty terms for a particular Product.
Casper Sleep Mattress Limited 10 Year Warranty
Your new Casper mattress is covered by a 10-year limited warranty (the "Mattress Warranty"). This Mattress Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products Covered by this Limited Mattress Warranty
This Limited Mattress Warranty extends to mattresses manufactured by Casper Sleep Inc. ("Casper"), purchased directly from Casper or Casper's authorized retailers, and located in the United States (not including US territories). ) or Canada (the "Mattresses"). Portions of this Limited Mattress Warranty also extend to covers sold with mattresses ("Mattress Covers"). This limited mattress warranty does not extend to clearance mattresses (see Final Sale and Clearance Items for details).
Mattresses are designed to function on a firm, solid surface, on a bed foundation that is structurally capable of supporting the weight of the mattress and the user. This Mattress Warranty does not cover your Product if you use it in a manner inconsistent with its intended design.
B. To Whom Does This Mattress Warranty Extend?
This Limited Mattress Warranty extends to the original purchaser of any mattress located in the United States (excluding US territories) or Canada. Customers who purchased their mattresses through Casper's commercial program and use them for commercial purposes (for example, in a hotel or store) are "commercial customers."
All Casper warranties, including implied warranties, are valid only for the period of time the mattress is owned by the original purchaser of the mattress. The “original purchaser”, for purposes of this Mattress Warranty, is the first purchaser of the mattress from Casper or from an authorized Casper retailer. Keep a copy of your receipt as proof of purchase. All Casper limited warranties are non-transferable.
C. Casper Mattress Limited Warranty and Responsibilities
Casper warrants the mattress in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") for a period of 10 years from the time you purchase your mattress, when the mattress It is normally used for its intended purpose in the home and on a bed foundation that is structurally capable of supporting the weight of the Mattress and the user(s).
Notwithstanding the foregoing, with respect to Business Customers only, the limited warranty period shall be 3 years.
D. What This Mattress Limited Warranty Covers
This limited mattress warranty applies to the following defects:
- Deterioration that causes the Mattress to have a visible indentation of more than one (1) inch that is not associated with an indentation or sagging resulting from the use of an inadequate or unsupported foundation or adjustable bed frame. Normal use requires that a mattress be continuously supported by a matching box spring or adjustable box spring with a suitable bed frame sufficient to support the collective weight of the mattress and box spring.
- Any physical defect in the mattress that causes the foam material to split or crack, despite normal use and proper handling.
- Any manufacturing defect in the assembly of the zipper of the Mattress Cover.
This limited mattress warranty does not cover the following:
- A normal increase in softness of the pressure relieving foam material that does not affect the pressure relieving qualities of the mattress.
- Comfort preference.
- Physical abuse or damage to the structure and/or material of the cover, including, without limitation, burns, cuts, tears, liquid damage or stains; provided that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store, unless you are a business customer.
- Replacement of any non-defective part in the Casper Sleep System (for example, if you purchase a mattress with multiple components and only one component is defective, we will only replace the defective component).
- Any mattress (whether manufactured by Casper or not) sold by resellers other than authorized retailers.
- Mattresses sold "as is," "pre-conditioned," "refurbished," "used," "returned for convenience," "returned," "previously owned," or any other similar term indicating the mattress is not "new" or “premium quality”, or has been previously purchased or used by another consumer.
In the event of a Defect, Casper's sole and exclusive liability and your sole remedy under this Limited Mattress Warranty shall be, at Casper's option, to provide a repaired or replacement mattress or mattress cover, subject to your compliance with " Your Responsibilities" below. Replacement mattress covers may be provided in a different color than the mattress cover you originally purchased.
E. Your responsibilities
In the event of a Defect and to obtain the benefit of this Limited Mattress Warranty, you must return your Mattresses or Mattress Cover to Casper and provide Casper with proof of the original date of purchase. If shipping costs are required to return your mattress, you will not be responsible for those costs.
Evidence of a Defect and any claims must be sent to the address set forth at the end of this Mattress Limited Warranty.
If you wish to replace your mattress with a more expensive mattress (an "upgraded mattress"), please email Casper at the email address listed at the end of this limited mattress warranty. You will be required to pay the difference between the original purchase price of the mattress and the upgraded mattress, plus the cost of any related additional system parts required for the upgraded mattress.
Casper will repair or replace (as applicable) and return your mattress or upgraded mattress to you.
Replaced or repaired mattresses are subject to the same limited mattress warranty as the original mattress. If you obtain a replaced or repaired Mattress, the warranty period for the replaced or repaired Mattress begins on the date of purchase of the original Mattress. If you purchase an upgrade mattress, a new warranty period will begin with the purchase of the upgrade mattress.
F. Disclaimer, Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MATTRESS IS PROVIDED "AS IS" AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS PROVIDED IN THIS LIMITED MATTRESS WARRANTY, IN NO EVENT SHALL CASPER OR ITS SUPPLIERS BE LIABLE FOR THE PURCHASE OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THE THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNIFICATION, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION SHALL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER'S AGGREGATE LIABILITY SHALL 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.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Mattress Guarantee, Casper's Terms and Conditions, or the purchase, receipt, order, or use of any Casper Product, through binding arbitration, as fully as possible. set forth in Casper's Terms and Conditions located at casper.com/terms, and as noted herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator rather than a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages that a court can award. This agreement to arbitrate disputes includes all claims arising out of this Mattress Guarantee, Casper's Terms and Conditions, or the purchase, receipt, order or use of any Casper Product, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Mattress Guarantee. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Notwithstanding the provisions of the Section titled "Generally" directly above, nothing in this arbitration agreement shall be construed as a waiver, exclusion, or limitation of either party's right to: (a) bring an individual action in a court of small claims or (b) to file a lawsuit in a court of law to address a claim of intellectual property infringement.
Referee. Any arbitration between you and Casper will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association ("AAA"). "). modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Warning; Process. A party intending to seek arbitration must first send written notice of the dispute to the other party by US mail and email ("Notice"). Casper's address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) establish the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days of receipt of the Notice, either you or Casper may initiate an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator renders a final decision and award, if any. If the dispute is ultimately resolved by arbitration in your favor, Casper will pay you the greater of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in resolving the dispute prior to the arbitrator's award; or (iii) $1,000.
Fee. If you initiate arbitration in accordance with this provision, Casper will refund your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the AAA will elect to pay any filing fee. Rules. Any arbitration hearing will take place at an agreed upon location in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of the documents submitted to the referee; (b) through a non-appearance telephone hearing; or (c) by an in-person hearing as provided by the AAA Rules in the county (or district) of your billing address. If the arbitrator determines that the substance of your claim or the relief sought in the Lawsuit is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then payment of all fees will be governed by the AAA Rules. In that event, you agree to reimburse Casper for all monies previously disbursed by him that he would otherwise be required to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
No class actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY OR IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. In addition, unless both you and Casper agree otherwise, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding and may award injunctive or declaratory relief only in favor of the claimant and only a to the extent necessary to provide relief warranted by the claimant's individual claim.
enforceability. If the Section titled "No Class Actions" is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void and, in such event, the parties agree that the exclusive jurisdiction and venue described directly below shall govern any action arising out of or in connection with this Mattress Guarantee, the Casper Terms and Conditions, or the purchase, receipt, order, or use of any Casper Product.
Choice of law; Event. This Mattress Guarantee shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of laws. If any lawsuit or legal proceeding is permitted under this Mattress Guarantee, you and Casper agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York, New York.
H. Applicable Law
This Mattress Limited Warranty shall be governed by the laws of the State of New York.
I. Guarantor
Casper Dream, Inc.
175 Greenwich Street, 39th Floor
New York, NY 10007