Aizome Forever Warranty

WARRANTY CLAIMS

The world is a beautiful place and we do not want to spoil it by continually throwing away low quality products that break easily. We manufacture AIZOME products to last as long as possible.

If there is any manufacturing defects not due to ordinary wear and tear, we will replace your product immediately (or with the equivalent product if your originally purchased product is discontinued. That's why we call it the AIZOME Forever Warranty.

To return products under the Forever Warranty, send us:

1. Written feedback how the issue happened

2. Pictures of the issue (so we can improve our processes)

WHO IS COVERED

Your new AIZOME product is covered by a Limited AIZOME Forever Warranty (the “Warranty”) for the full period of the original owner’s (“you”) ownership and use. This warranty is valid only for the original purchaser from the original purchase date of the item and is non-transferable. The “original purchaser,” for the purposes of this Warranty, is the first purchaser of the item directly from Aizome. Please retain a copy of your receipt as proof of purchase and owner.

If the original purchaser sells or otherwise relinquishes ownership of the item to another, this Warranty terminates and the subsequent owner accepts the product “as is” and “with all faults.”

WHAT IS WARRANTED

This Warranty extends to bedding manufactured by AIZOME and purchased directly from AIZOME.

AIZOME warrants the item in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for the full period of ownership by you and use by you commencing from the time your item is purchased by you.

THIS BEDDING WARRANTY DOES NOT COVER

Any product which has been subject to misuse, neglect, accident or used in violation of instructions, including washing instructions. Defects caused by physical abuse or damage to the structure and material, including but not limited to, burns, cuts, tears, liquid damage, or stains.

WARRANTY REMEDY

In the event of a Defect (as defined above), AIZOME's sole liability and your sole remedies under this Warranty will be:

For the first 10 years of ownership, we will replace your bedding with a brand new product at absolutely no charge to you.
In years 10+ AIZOME will completely repair and re-cover your bedding, or replace it, at AIZOME's option. If you live outside the United States the only charge you will incur will be a transportation costs of $50, which charges will be waived if a Defect is confirmed to exist by Aizome.

CLAIMS & ARBITRATIONS

YOUR RESPONSIBILITIES

In years 10+, You will be responsible for a $50 shipping fee if you live outside the United States, associated with shipping replaced or repaired bedding. This fee will be waived upon AIZOME's confirmation of a Defect in materials or workmanship. At AIZOME's option, AIZOME may authorize you to provide photo evidence of defect in lieu of retuning the bedding.

HOW TO MAKE A WARRANTY CLAIM

JM Mark, Inc. d.b.a. AIZOME

4245 N. Knox Ave.
Chicago, IL 60641, U.S.A

Tel. +1 312-715-7170‬

WARRANTY LIMITATIONS, DISCLAIMERS, AND LIMITATION OF LIABILITY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, AIZOME LIMITS THE DURATION OF SUCH WARRANTIES TO THE SHORTER OF EITHER A) THE DURATION OF THIS WRITTEN WARRANTY, OR B) ANY MAXIMUM DURATION FOR IMPLIED OR STATUTORY WARRANTIES PROVIDED BY STATUTE. SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

AIZOME LIMITS THE REMEDIES FOR SUCH WARRANTIES TO, AT AIZOME’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL AIZOME 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 AIZOME bedding 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 AIZOME HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AIZOME’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE BEDDING 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.

ARBITRATION

In the event a dispute arises between you and AIZOME arising out of this Warranty, such dispute will be determined and settled by binding arbitration between the 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. Arbitration will take place in San Francisco, CA. The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. The AAA may require information related to your product including purchase information. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 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 arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. Any dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

You must seek arbitration for disputes arising out of this Limited bedding Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson-Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson-Moss Warranty Act, then arbitration is not required by the Magnuson-Moss Warranty Act.

GOVERNING LAW

This Limited Warranty will be governed by the laws of the State of Illinois.

WARRANTOR

JM Mark, Inc. d.b.a. AIZOME

4245 N. Knox Ave.
Chicago, IL 60641, U.S.A

Tel. +1 312-715-7170