Mogen Warranty

MöGEN INDUSTRIAL (USA) INC.

Touch Mattress and Mogen Office Furniture

 

Touch Mattress Returns

If you are not completely satisfied with your purchase, we are here to help you.

Please note that returns and exchanges cannot be handled through social media. In order to make a return or exchange, you must call or email our Touch Mattress Team BEFORE starting your return. Failure to properly follow our return or exchange protocols may result in an inability to return or exchange your product and an inability to provide any refund. 

Also note that Touch Mattress CANNOT provide refunds for orders made through Amazon.com. If you ordered through Amazon, YOU MUST CONTACT AMAZON TO RETURN YOUR PURCHASE.

Mattresses:

You have 100 calendar days to return your Touch Mattress from the date of delivery. We recommend sleeping on your Touch Mattress for at least 30 nights to allow your body to properly adjust. 

To be eligible for an exchange, your Touch Mattress must be clean, no stains, and undamaged.  Also ,  a Mattress Protector Cover  must be bought at time of purchase to be eligible for exchange or returns.   You MUST email Touch Mattress Team before starting the return process to confirm you’re eligible for exchange.

If you would like to exchange your mattress for a new model within the 100 night trial, you are eligible for a full refund of your original mattress purchase. In order to exchange your original mattress purchase, you must follow the mattress return policy and place a new order for the mattress model for which you want to exchange. When you exchange within the 100 night trial, you will not be eligible for another 100 night trial on the mattress for which you exchanged.  If you choose to swap out your original product for a different color or size of the same item, doing so does void the 100-night-trial — meaning your replacement purchase would not be eligible for further exchanges or returns. Also, if you exchange for another model, we assume you already love the Touch technology and simply need a different model to fit your needs. After an exchange has been placed, the 100 night trial will end and you will not receive the remaining trial days from your original order. 

At Touch Mattress discretion our Team member will direct you to either return mattress or allow you to donate to a local registered charity on our approved list. We must have a copy of the donation receipt.  Customer is responsible for shipping costs for mattress return back to Mogen for inspection before partial or full refund. 

After the return process is completed for your original mattress purchase, you will receive a full refund on that mattress. Refunds will be credited to your account in 4-6 weeks or if replaced 8-10 weeks (container arrival time). 

To be eligible for a return, your Touch Mattress must be clean , undamaged, no  stains and original purchase has Mattress Protector Cover at time of purchase.

Mattress Protector:

Due to the nature of the product there is no trial or return policy for the Touch Mattress Protector.

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10 Year Limited Hybrid Mattress Warranty By Touch Mattress.

 

 Touch Hybrid Mattress is covered by a 10 year limited warranty ( Hybrid Mattress Warranty or Mattress Warranty ”). Our limited  Hybrid Mattress Warranty may vary from state to state that will allow you  specific legal rights.

1. Coverage of  Hybrid  Mattress Warranty under this limited  Mattress Warranty

Touch Mattress  limited Hybrid Mattress Warranty extends to mattresses manufactured and distributed  by Touch Mattress. (“Touch Mattress”), purchased directly from Touch Mattress or Touch Mattress’s authorized dealers, and located in the United States (not including US territories), Canada (the “Mattresses”), and Central and South America. Some parts of this limited Hybrid Mattress Warranty also extend to covers sold with Mattresses (“Hybrid Mattress Covers”).

Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s). This Hybrid Mattress Warranty does not cover your Product if you use it in a manner incompatible with that intended design.

2. Hybrid Mattress Warranty

This limited Hybrid  Mattress Warranty extends to the original purchaser of any Mattress who is located in the United States (not including US territories) ,Canada and Central and South America. Customers who purchased their Mattresses through Touch Mattress’s trade program and use those Mattresses for commercial purposes (for example, in a hotel or store) are “Commercial or Trade Customers”.

All Touch Mattress warranties, including any 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 under our  Mattress Warranty, is the first purchaser of the Mattress from Touch Mattress or a Touch Mattress authorized retailer.  Always  retain a copy of your receipt as proof of purchase.  All Touch Mattress limited warranties are not transferable.

3. Touch Mattress's limited Hybrid Mattress Warranty and Responsibilities

Touch Mattress 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 your Mattress is purchased by you, when the Mattress is used normally for its intended purposes in the home and on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).

Notwithstanding the foregoing, with respect to Commercial and Trade Customers only, the limited warranty period shall be 3 years.

4. What this limited Hybrid Mattress Warranty covers

This limited Hybrid  Mattress Warranty applies to the following Defects:

  • Deterioration causing the Mattress to have a visible indentation greater than (2) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a Mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and foundation.
  • Any physical flaw in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling.
  • Any manufacturing defect in the zipper assembly of the Mattress Cover.

This limited Hybrid Mattress Warranty does not cover the following:

  • A normal increase in softness of the foam pressure-relieving material and inner coils springs which does not affect the pressure-relieving qualities of the Mattress.
  • Comfort preference.
  • Physical abuse or damage to the structure and/or cover material, including but not limited to, 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 Trade Customer.
  • Replacement of any non-defective pieces in the Touch Mattress sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
  • Any mattress (whether manufactured by Touch Mattress or not) sold by resellers who are not authorized retailers.
  • Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

In the event of a Defect, Touch Mattress’s sole and exclusive liability and your sole remedy under this limited Hybrid Mattress Warranty will be, at Touch Mattress’s option, to provide a repaired or replacement Mattress or Mattress Cover, subject to your fulfillment of “Your Responsibilities” below. Replacement Mattress Covers may be provided in a color different from the Mattress Cover you originally purchased.

E. Your responsibilities

In the event of a Defect and in order to get the benefit of this limited Mattress Warranty, you must return your Mattresses and Mattress Protector Cover to Touch Mattress and provide Touch Mattress with proof of the original date of purchase. Customer is responsible for shipping costs for mattress return back to Mogen.   Mattress Protector Covers not covered under warranty.  You may purchase a Mattress Protector Cover  from Touch at any time, however Mattress Protector Cover needs to be purchased at time of original purchase date to avoid warranty from being void.

Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Mattress Warranty.

If you wish to replace your Mattress with a more expensive Mattress (an “Upgrade Mattress”), then please e-mail Touch Mattress at the e-mail address set forth 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 that of the Upgrade Mattress, plus the cost of any related additional system pieces necessary for such Upgrade Mattress.

Touch Mattress will repair or replace (as applicable) and ship your Mattress or Upgrade Mattress back to you.

Replaced or repaired Mattresses are subject to the same limited Hybrid Mattress Warranty as the original Mattress. If you obtain a replaced or repaired Mattress, the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If you purchase an Upgrade Mattress, a new warranty term will begin upon the purchase of the Upgrade Mattress.

5. Disclaimer, limitation on liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE 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 THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED MATTRESS WARRANTY, IN NO EVENT WILL TOUCH MATTRESS 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 MATTRESS 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 TOUCH MATTRESS HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TOUCH MATTRESS’S TOTAL LIABILITY WILL 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.

6. Arbitration

In the event a dispute arises between you and Touch Mattress arising out of this Limited Mattress 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.

You must seek arbitration for disputes arising out of this Limited Hybrid  Mattress 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.

Arbitration will take place in Houston, TEXAS.

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. 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. A 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.

7. Governing law

This limited Hybrid Mattress Warranty will be governed by the laws of the State of TEXAS

8. Warrantor

Mogen Furniture
2385 Minimax Street
Houston, Texas 77008
info@mogenfurniture.com

 

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MöGEN OFFICE FURNITURE FIVE YEAR LIMITED WARRANTY

 

MöGEN Office Furniture wants you to be happy with our products. When used and maintained properly, they will provide you with years of satisfaction.  We pledge to do everything we can do quickly to resolve any problem encountered within the terms of this warranty .  Mogen warrants our products to the original purchaser, to be free from defects in material and workmanship.

We will repair or replace defective merchandise free of charge at Mogen's discretion. 

 

MöGEN products are warranted against manufacturing defects in material and workmanship for five years from the ORIGINAL DATE OF RETAIL PURCHASE with the following exceptions: Upholstery materials, foam, gas cylinders, wood components, control mechanisms and electronic components.  Upholstery materials and foam are warranted against structural failure or unusual wear or deterioration and gas cylinders, wood components, and control mechanisms against structural failure or unusual wear for 18months.  Ball-bearing, lock systems, chair casters,  levelers, handles and wood bases are included in 18 month warranty. Replacement parts and service charges apply thereafter. 

The warranty obligation is limited to the replacement or repair, at MöGEN OFFICE FURNITURE’ option, of defective parts and components and not the entire product(s) if not required.  The warranty of this product is null and void if the product is subject to negligence, abuse, misuse, accident, or if the customer does not perform the necessary maintenance outlined below.  Normal wear , durability , color fastness, ect ., of leather coverings, wood and finishes, chrome, and plastic  products is not covered.   The warranty is only rated for the original purchaser of the products and will not be honored if the product is resold. All warranties are for normal usage defined as a forty hour work week by persons weighing Two hundred fifty pounds or less. 

Wood varies in color, grain , and texture. As a result there may be minor variations from one piece to the next even though they were finished at the same time .  Exposure to light and aging process are likely to cause variances. For these reasons Mogen Furniture does not guarantee  the exact matching of grain ,pattern , and color.

Should any component be found to be defective under normal single shift usage(eight hours a day), that component will be replaced free of charge during applicable warranty period.  In order to get the replacement part, please return the product or part to the dealer from whom it was purchased. The dealer will send the defective part to the manufacturer, freight prepaid. Customers must be responsible for maintenance of this product including assembly, cleaning, and making sure all hardware is securely fastened. 

This warranty applies only to the product.  Mogen is not responsible for improper assembly, modifications or alterations in any way.  In no event , shall Mogen Office Furniture or it's parent corporation Mogen Industrial USA , Inc  and  affiliates be liable for any damages ,including special, incidental ,consequential, or indirect damages even if it had reason to anticipate them.   Mogen Office Furniture will not be responsible for damages or injury  to person or property .  This warranty is the only warranty applicable on all MOGEN products. All other warranties, expressed or implied prior, are disclaimed. 

  Oct ., 2003

 

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