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Terms & Conditions

Terms & Conditions

TERMS & CONDITIONS

This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

 

·         SMC Mattresses Pvt Ltd. reserves the right to add, delete, alter &/or modify these terms and conditions at any time; Publication on website thereof shall be notice. The Customer is therefore advised to read carefully these terms and conditions each time he or she uses the shopping service(s) of SMC Mattresses Pvt Ltd.

USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization's or entity’s written permission

 

TERMS

 

·         By placing an order the Customer has authorized SMC Mattresses Pvt Ltd. to pass on the order to their respective Manufacturing Unit (s ) / Dealer/ Distributor / vendor / business associate, who are supplying the product, and make sure the product is dispatched /delivered to the given address. The agreement between you, the Customer and SMC Mattresses Pvt Ltd. shall be subject to the terms and conditions contained herein:

·         These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the shopping services of SMC Mattresses Pvt Ltd. you / your parent or legal guardian has agreed to be bound by the Terms and Conditions.

·         The Customer represents that he/she has completed 18 (eighteen) years of age or has the consent of a parent or legal guardian.

·         All prices and delivery of products and goods are subject to availability with the company / Vendor /Merchant/ business associate’s and the prices / delivery are subject to change without prior notice.

·         Product price / discounts / offers may vary from location to location.

·         Product ( colour, design, size, etc ) Picture/photo shown on the site are only indicative, actual product may not resemble with the shown pic / photo. The colour/design of the fabric may be different from the pic/photo. Customer/user will be responsible for choosing the correct size of the mattress. Any query/ request will not be entertained ( only limited to ) for the refund of money ( partially or fully ) and/or replacement of product and/or cancellation of order and/or change of product for any reason, in above cases whatsoever.

·         Customer/user would be solely responsible for purchasing any product from the site. The decision regarding any request pertaining to the cancellation of order, refund of money ( partially or fully ) , replacement of product , change of product for any reason will be solely at the discretion of M/s SMC Mattresses Pvt Ltd. In case of any dispute, company's decision will be binding on all and no further discussion/dispute will be entertained

·         We accept many International and Indian Credit Cards and also offer payment option through Net-Banking. Customers using foreign and international cards should note that this online payment gateway accepts payments only in Indian Rupees. Therefore, the amount charged is the INR value of the product displayed on the site which is converted into US Dollars or any other foreign currency at the actual prevailing conversion rate while passing on the order to the payment gateway. Similarly, for any applicable refunds the full INR amount which has been charged is refunded which is converted into US Dollars or any other foreign currency at the actual prevailing conversion rate. The difference if any in the refund and amount charged is due to the fluctuation of the conversion rate.

·         In case of refunds, the Payment gateway charges and any other charges ( if any ) are chargeable to the customer / buyer / credit card holder / debit card holder etc that are used for purchasing the product ( s) i.e., the Payment gateway charges and any other charges ( if any ) will be deducted from the refundable amount.

·         In some cases where an National / international credit card has been used the Credit Card Issuing Company levies a transaction charge for any charge / refund issued. The applicable charge is decided by the issuing bank.

·         SMC Mattresses Pvt Ltd. would refund only the amount charged in INR as displayed on the website minus the charges levied by the payment gateway partner or by the card issuing bank

·         SMC Mattresses Pvt Ltd. is not responsible for any charge levied by the credit card Issuing bank for the Indian / foreign transaction or charge or tax levied by the credit card Issuing Bank or Gateway provider.

·         SMC Mattresses Pvt Ltd. reserves its right to withdraw any product or goods at its sole discretion.

·         SMC Mattresses Pvt Ltd. reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price or has become unavailable or is found to have any defect or otherwise cannot or ought not to be sold for any reason. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or any other mode.

·         All payments will be accepted by the mode finalized by M/s SMC Mattresses Pvt Ltd.

·         In a credit card transaction, you must use your own credit card.

·         SMC Mattresses Pvt Ltd. will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the customer and the onus to 'prove otherwise' shall be exclusively on the customer.

·         Please allow the minimum time required for processing as specified for the product. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site.

·         Delivery shall be made in the course of the day, and the customer agrees to refrain from requesting for deliveries at very early or late hours of the day/Sundays/Public Holidays. Any Delivery in such cases will be solely at the discretion of SMC Mattresses Pvt Limited.

·         All attempts will be made to deliver in a shortest possible time but SMC Mattresses Pvt Ltd. will not be held liable if the delivery is delayed due to unforeseen conditions.

·         Delivery of the ordered products will be attempted only once. In the event of non-delivery due to customer mistake (i.e. wrong name or address) or incomplete information, any extra cost incurred for re-delivery by SMC Mattresses Pvt Ltd. shall be claimed from the customer placing the order.

·         In the event of no one being at home, every genuine effort shall be made for re-delivery. In case of non-delivery, the goods will be returned to manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc. The customer will be informed accordingly.

·         All SHAMKEN products are covered under Manufacturer's Warranty mentioned on each product. There is no Warranty provided in case there is no such mention on the product.

·         Disclaimer: The product images shown in the website are representative only. For actual Fabric Colour, Pattern, Size and Price, please check with your nearest Shamken Authorized store or Call our customer care for more information. In case of online purchase, please provide us the correct mattress size after measurement. SMC Mattresses Pvt Ltd will not be held liable for any wrong size ordered online.

·         Complaint regarding damaged / defective products or regarding other product quality aspects should be lodged in writing and lodged on our site within seven days after the receipt of the product, giving details of invoice, delivery code, location and specifying nature of damage / defect.

·         The customer agrees to defend, indemnify and hold SMC Mattresses Pvt Ltd. and its affiliates harmless from any and all liabilities, costs and expenses, including attorneys' fees, related to any breach of terms of this Agreement by the customer or any person (s) using your account or in connection with the use of the Service or the placement or transmission of any message or information or other materials by you or authorized customers of your account.

·         All disputes relating to purchase made online on smcmattresses.com, shall be subject to the jurisdiction of the Courts of Delhi.

·         You (The Website User / Customer / Service User) should not rely on the any information or resources contained on the Website, as a replacement or substitute for any professional, financial, legal or other advice or counsel. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.

·         Each User hereby acknowledges and agrees that SMC Mattresses Pvt Limited is not a party to any oral or written agreement for service, or any contract entered into between Website Users in connection with any Service offered, directly or indirectly, through the Website. Each Website User acknowledges, agrees and understands that SMC Mattresses Pvt Limited only seeks to provide a platform wherein the Service User and Service Professional can be brought together and SMC Mattresses Pvt Limited itself has no role in the execution or provision of Services.

·         No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the Agreement for Service. You do not have any authority whatsoever to bind SMC Mattresses Pvt Limited in any respect. All Service Professionals are independent contractors. Neither SMC Mattresses Pvt Limited nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

·         You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals.

 

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INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of smcmattresses.com or their breach of the terms.

LIABILITY

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

 

 

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

 

ACCEPTABLE WEBSITE USE

1.    Security Rules Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

2.    General Rules Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

 

 

Mattress in Trial Period

1.    1) Book mattresses as per your choice, pay using your preferred Mode of Payment.

2.    2) Your 365 Days Trial starts from the date of delivery of Mattress.

3.    3) In Case if you wish to return the mattress within first 120 days of trial write to onlineorders@smcmattresses.com with your order details to register your return request.

4.    4) Handling Charges of 10% is applicable.

5.    5) In Case if you return after 120 Days of usage.

6.    6) Per day usage charges of 10.00 for Single Size & 20.00 for Double Size would be applicable for the no of days used along with the processing charge of 10%.

 

Exceptions to our policies (Warranty & 365 Nights Trial):

1.    1) Misused products or tampered products will not be eligible for returns.

2.    2) Mattress size will vary +/-12 mm in length, width & thickness. User should allow minimum 72 hrs. to mattress so that mattress will regain to its original shape. Any size variation reported after 5 days from date of purchase will not be covered under 365 night trial and warranty terms.

3.    3) Mattress that shall be returned will be in good condition without any fabric damages such as tear, stains, color fading, bleeding, soils and burns.

4.    4) The original invoice with the company's seal and signature has to be presented for all return requests

5.    5) Post 120 days, customers need to pay 10.00 per day {For Single (width up to 48”)} & 20.00 per day {For Double (width from 60” onwards)} till 365 days

6.    6) For example if a customer returns mattress purchased for 11799 (Single) or 19990 ( double) after 180 days of purchase then, Charges will be applicable as below;

      1. * For single mattress: ((180-120)*10) +10% of 11799 (Processing fee) = 1780.00
      2. * For double mattress: ((180-120)*20) +10% of 19990 (Processing fee) = 3199.00

7.    7) Cost of reverse shipping will be borne by SMC Mattresses Pvt Ltd as long as the product has not been moved out of the premises of the original delivery location. In all other cases, the customer will bear the differential shipping charges.

8.    8) SMC Mattresses Pvt Ltd reserves the right to change or withdraw the 365 nights trial program at any point of time.