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.
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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.
.
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;
- * For single mattress: ((180-120)*10) +10% of 11799
(Processing fee) = ₹ 1780.00
- * 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.