Terms And Conditions
Welcome to Kiwi Sleep Company Limited’s (“the Company”) website. This site is maintained as a service to our customers. By using this site, you are communicating with the Company electronically and agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.
- Agreement. This Agreement (the "Agreement") specifies the Terms and Conditions for access to and use of the Company’s website (the "Website") and describes the terms and conditions applicable to your access to and use of the Website. This Agreement may be modified at any time by the Company upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.nido.nz/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Ownership. All content included on this Website is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
- Intended Audience. This Website is intended for use by adults only, and is not intended for persons under the age of 18. The Company does not knowingly seek to collect information from children under the age of 13, if such information is discovered, it will be deleted.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of the Company or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of the Company or such other owner.
- Website Use. The Company grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of the Company and the Company may terminate your use of this Website at any time.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS STATED HEREIN, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL YOUR WEBSITE USE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE COMPANY IS IN ACCORDANCE WITH COMPANY'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Copyright. The design of this Website, including text, graphics, information, content, and other material displayed are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions without prior written permission by the Company. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. If you believe that the Company has posted or displayed content on the Website in violation of your copyright or other intellectual property rights, please notify the Company immediately.
- Applicable Law; Jurisdiction. You agree that the laws of the Commonwealth of New Zealand, without regard to any conflicts of law provisions, will govern these Terms and Conditions of Use and any dispute that may arise between you and the Company or its affiliates. You agree that any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of the Commonwealth of New Zealand. A printed version of these Terms and Conditions will be admissible in any judicial and/or administrative proceedings based upon, arising out of, or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business records originally generated and kept in printed form.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
- Additional Assistance. If you need additional information regarding the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact the Company.
10 YEAR FULL REPLACEMENT LIMITED WARRANTY
Your new Nido mattress is covered by a 10 Year Full Replacement Limited Warranty. For 10 years after you purchase your new mattress, when it has a defect covered under the warranty, we will replace or repair it. This includes all parts of the mattress determined to have a defect, and there’s no deductible.
This warranty is valid only for the original purchaser from the original purchase date of the original mattress purchased from Nido (Kiwi Sleep Company Limited) and is non-transferable. If the original purchaser sells or otherwise relinquishes ownership of the mattress to another, the subsequent owner accepts the product “as is” and “with all faults.”
Nido mattresses are engineered to deliver the best, most effective sleep possible. For that to happen, your Nido mattress should be set-up on a solid base or foundation substantial enough to support the mattress and occupant(s).
This Limited Warranty covers the following instances during normal use:
a) Deterioration of the mattress resulting in a visible indentation greater than 2.5 centimetres that is not associated with an indentation or sag because 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).
b) Any physical flaw in the craftsmanship of the mattress that causes permanent damage to the memory foam despite proper set-up and normal use.
c) Any physical flaw in the craftsmanship of the cover, including seams and zipper assembly. Nido may, at its own option, repair or replace the cover provided on the mattress. In the event that Nido replaces the mattress cover, Nido will replace it with the current style of cover available for the mattress, which may be of a different colour, design, or material than the original cover provided.
This Limited Warranty does not cover:
a) A normal increase in softness of the memory foam which is normal and does not affect the pressure-relieving quality of the mattress.
b) Comfort preference.
c) Physical abuse or damage to the structure and / or cover material, including but not limited to, burns, cuts, tears, liquid damage & stains, or soiling.
d) Damage from using an improper bed frame, foundation, platform bed, or adjustable base.
e) Replacement(s) of another piece in the Nido sleep system, unless other piece(s) is also defective.
f) Product sold by resellers who are not authorised retailers.
g) 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.
Product Replacement Terms
Except as otherwise provided herein, Nido 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. About 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 GUARANTIES, 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.