Welcome to the Zotto family and thank you for choosing your Zotto Mattress Topper! We’ve built the Zotto to last and back it up with a 1-year limited warranty.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how an implied warranty lasts, so the above limitation or exclusion may not apply. This Warranty gives you specific legal rights. You may also have other rights, which vary from state to state.
A. Products covered by this Limited Warranty This limited warranty extends to mattress toppers manufactured by Zotto, Inc. and purchased directly from Zotto or Zotto’s authorized retailers (the “Mattress Topper”). Some parts of this limited warranty also extend to covers sold with Mattresses Topper (“Mattress Topper Covers”).
B. Zotto’s Limited Warranty and Responsibilities Zotto warrants the Mattress against the defects in material and workmanship set forth below for a period of one (1) year from the time the mattress is purchased by you, when the Mattress topper is used normally for its intended purpose and on a bed base that is structurally capable of supporting the weight of the Mattress Topper and its user(s).
C. Who is covered by this Limited Warranty? This limited warranty extends to the original purchaser and current owner of any Mattress Topper. All Zotto limited warranties are not transferable. All Zotto warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser and current owner of the Mattress. The “original purchaser,” for purposes of this warranty, is the first purchaser of the Mattress Topper from Zotto or a Zotto authorized retailer. RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE.
D. What is covered under the Limited Warranty The Warranty is limited to material defects caused by Zotto’s use of defective materials or workmanship in the Mattress Topper. Specifically, this Warranty applies to the following Defects, assuming the Defects arise or appear in circumstances in which you have been using the Mattress Topper only for its intended purpose and have not subjected it to other than normal wear and proper handling:
(a) Any deterioration causing the Mattress to have a visible indentation that is not associated with an indentation or sag that resulted from use of an unsupportive foundation. This refers to an indentation greater than 1" that is visible when no weight is applied to the top of the Mattress Topper (300lbs maximum per person weight limit).
(b) Any physical flaw in the Mattress Topper that causes the foam material to split, crack or deteriorate in any way.
(c) Any manufacturing defect in the zipper assembly of the Mattress Topper Cover
(d) Any manufacturing defect to the Mattress Topper Cover
E. What is not covered under the Limited Warranty
(a) Bedding used in hotels, motels, institutional facilities, or any other commercial-type setting;
(b) Normal wear and tear;
(c) Damage caused by misuse or mishandling;
(d) Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains, dampness or mold; provided, that the defect is caused by such abuse or damage;
(e) Use of the Mattress Topper in any unsanitary condition (due to blood or bodily fluid stains or soiling, infestation, or other abuse);
(f) Physically abusing the product;
(g) Improper storage of the Mattress Topper (e.g. storage in damp locations, areas infested with pests or rodents, or any other unprotected storage areas);
(h) Cleaning or the use of cleaning fluids (the use of cleaning fluids may damage the fabric and materials in your mattress topper);
F. How do I File a Warranty Claim In the event of a Defect, Zotto’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Zotto’s sole and absolute discretion in compliance with this written warranty, to provide a repaired or replacement Mattress Topper or Mattress Topper Cover, subject to your fulfillment of your responsibilities detailed below.
To make a claim under this Warranty, you must contact our Customer Service department at email@example.com and you may be asked to undertake certain steps to troubleshoot the product or part for which a claim is being made.
G. Length of Limited Warranty Your new Zotto mattress topper is covered by the same ten (1) year limited warranty. In the event Zotto replaces or repairs your Mattress topper, this warranty continues your protection from the original date of purchase.
H. Arbitration In the event a dispute arises between you and Zotto arising out of this Warranty, such dispute will be determined and settled by binding arbitration between the two parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. Arbitration will take place in Orange County, California
The arbitration will not be combined with any other proceeding or arbitration against one of the parties.
Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is selected by the Parties or appointed by the AAA. The arbitrator may extend the time limit for an additional thirty (30) days in the interests of justice. 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 claims. The arbitrator’s award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
J. Governing Law This Limited warranty will be governed by the laws of the State of California
K. Submit Claims:
43 Corporate Park, Suite #102
Irvine, CA 92606
Note: Zotto reserves the right to make production changes at any time, without incurring any obligation to make the same or similar changes to mattress toppers previously sold. Moreover, the warranty contained herein is the only and the entire written warranty(ies) given by Zotto for the mattress and no Zotto agent or employee is authorized to extend or enlarge these warranties on behalf of Zotto by any written or oral statement.