Introduction
The use of this website is governed by the terms and conditions listed below. By continuing to use the website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions. If you disagree with any of these terms and conditions, you must stop using this website.
The terms "simmonsbeautyrest.in", "we", and "us" refers to the website's owner, and the term "you" or “User” refers to the website's user or viewer.
Services Overview
The website “www.simmonsbeautyrest.in” is operated by “Varahamurti Flexirub Industries Pvt. Ltd”. "simmonsbeautyrest.in" is an all-in-one online business that sells mattresses, pillows, and other sleeping accessories. Besides online shopping, we also offer services including Home Delivery, Tech Support and Warranty Services per company norms.
Eligibility Criteria
This website is only limited to people above the age of 18 who are legally capable of forming a contract under the Indian Contract Act 1872. By using this website, you declare that you are not a minor [i.e., under the age of 18]. If you are a minor and wish to transact or use the website, it shall be done under the supervision of a parent or legal guardian who agrees to the terms and conditions.
Account Password and Security
To place an order on the website, you must first sign up and log in. You, as the user, will be held accountable for any acts that occur under your account and should take all necessary efforts to maintain the confidentiality of the password you created at registration. By continuing to use the website, you agree to immediately notify simmonsbeautyrest.in of any unauthorised use of your account or password. Simmonsbeautyrest.in shall not be held liable for any damages or losses incurred as a result of the user's failure to comply with this clause.
Pricing and Terms of Payment
The products offered on our website will be sold at the pricing specified unless otherwise notified. The price of products mentioned on the website is in Indian currency (i.e., rupee). The price of products is inclusive of taxes, shipping charges, and delivery charges. When placing an order, payment must be done using the method specified on the site, and such payment must be unconditional and irrevocable.
Shipping and carriage charges are not included in the product price, and by continuing to shop with us, you agree to pay such charges, which will be added to the amount mentioned when the purchase order is placed.
Prior to product shipping, simmonsbeautyrest.in maintains the right to notify the user of any inaccuracies in product descriptions or pricing. In such a case, the user agrees that the Product or Service will be supplied in accordance with the amended description or updated price.
Although commodity prices do not change on a regular basis, any price changes are automatically updated on the website. Prices for some featured items may change on a regular basis, and if such a change occurs after your order has been dispatched, it will have no effect on your initial purchase price, and you are not obligated to pay the revised price.
simmonsbeautyrest.in retains the right to update product prices or services and/or to withdraw discounts in the event of a rise in the cost of materials, labour, carriage, or an increase in tax, duty, or charge, or any modification in exchange rates.
User Representation
By continuing to the site, you represent and warrant that:
- All the information provided by you during the registration or while placing the order is up to date and correct and sufficient for the fulfilment of the order.
- Unless agreed otherwise, any warranties provided concerning products only extend to you on the understanding that you are a user and not a reseller of those Products
- Some products may be harmful for use, due to some allergic or medical conditions. And, by purchasing the product, you warrant that you have researched about the product, read the details and consulted a doctor as to whether the product is suitable for use and also represent not to purchase the harmful product.
- in would not be held responsible for any kind of reaction/allergy or other health-related problems that occur as a result of the use of any product listed on the website.
- The products listed on the website are not manufactured by “Simmons Beautyrest India” hence, Simmons Beautyrest India disclaims its liabilities to the extent of its supplier's products.
Unauthorised or Fraudulent Use
As mentioned in clause 3, the use of Simmonsbeautyrest.in is limited to the person who is of 18 years of age or above. By continuing to the site, you guarantee you are of 18 years or above. A person less than 18 years can access the website as per the condition mentioned in clause 3.
Using the website without compliance with this provision is deemed as unauthorised use of the website.
Promotional offers may be extended to the existing or potential new customer at regular intervals and the users agree to act in accordance with the term and conditions of such offers. Avoidance of such terms and conditions is regarded as a fraudulent use by the user and the user would be responsible for all the damages that occurred due to such fraudulent use.
Use Conduct and Rules (General)
- The user undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative, sell, lease, translate, decompile or otherwise exploit the website or any portion, by any means, unless otherwise provided.
- The user undertakes not to post or publish any information on the website that is abusive, defamatory, threatening, obscene, indecent, pornographic, harassing, violates the legal right of others or otherwise encourages conduct that would give rise to civil or criminal liability under Indian law.
- The user warrants not to upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the website or another’s computer.
- The user agrees not to violate, abuse, manipulate or exploit any terms and conditions of the agreement or any code of conduct or other guideline as provided under the website.
- The user undertakes not to make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about Simmonsbeautyrest.in and its associates and partners on any property owned by simmonsbeautyrest.in
- The user may not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through this site.
Simmonsbeautyrest.in shall not be liable to the user nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance because of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and such event we may elect to cancel your Order and Refund will be processed through the same online mode in 10 to 15 working days.
Links to Third-Party Sites
Simmonsbeautyrest.in may contain links to other companies' websites (third-party sites). These terms and conditions do not apply to users' usage of third-party websites. Because third-party websites are not within the jurisdiction of simmonsbeautyrest.in, we are not liable for the contents of any linked site. These links are given for the user's convenience only, and the inclusion of any link does not imply sponsorship by simmnonsbeautyrest.in.
Disclaimer
Simmonsbeautyrest.in has taken all required measurements to ensure that the information on the website is correct and up to date. We make no claims about the suitability, dependability, availability, quality, correctness, or completeness of any data, information, product, or service.
Because Simmonsbeautyrest.in is a multi-brand marketplace, some products are not manufactured by Simmonsbeautyrest.in.
We do not guarantee that the website's functions will be uninterrupted or error-free, or that the site or the server that hosts it is free of viruses or other dangerous components.
Simmonsbeautyrest.in will not be held liable for any punitive or consequential damages resulting from the use or inability to use the organic services or the internet by the user. Furthermore, Simmonsbeautyrest.in will not be held liable for the non-availability of the website caused by periodic maintenance or a technical fault beyond the control of Simmons Beautyrest India.
Objectionable Material
In some cases, users may encounter contents that are offensive, obscene, or disagreeable to some people (the contents may or may not be labelled as such). The user undertakes to use the site or such content at his or her own risk, and Simmons Beautyrest India will not be held liable for any content that you find disagreeable or immoral.
Review, Feedback and Comments:
On the website, the user has the option to provide us with reviews, feedback, comments, or suggestions. The reviews and comments placed on the website are not private and are the sole property of Simmonsbeautyrest.in. By continuing to the site, the user undertakes to grant Simmonsbeautyrest.in the unrestricted right to use, copy, distribute, display, make derivatives, and change the posted review and remark. In addition, the user undertakes to allow Simmonsbeautyrest.in the right to use the name provided with the reviews or comments in connection with such reviews or comments.
Furthermore, the user undertakes that any comments or reviews placed by the user will not violate our policy or the rights of any other person. The user agrees not to publish any unlawful, scandalous, offensive, vulgar, or threatening material in a comment or review.
Termination
If Simmons Beautyrest India.com discovers that the user has broken any of the terms and conditions, policies, or guidelines, Simmons Beautyrest India.com retains the right to suspend or terminate the user's usage of the website without prior notice. The user has the right to terminate the agreement at any time by ceasing future usage of the website. If you or Simmons Beautyrest India terminate the User Agreement, you must promptly destroy any contents downloaded or otherwise received from this Site, as well as all copies of such materials, whether created under the User Agreement or otherwise. Users shall be obligated to pay for any Service or product that they have previously ordered until termination by either party.
Modification of Terms and Conditions
Simmons Beautyrest India.com reserves the right to change these terms and conditions at any moment without prior notice to the user. The updated terms and conditions would be effective as of the date the revised terms and conditions were published on the website. The user should review the Site's Terms & Conditions on a frequent basis. If the updated Terms & Conditions are not acceptable, the user shall stop using the Service. However, by continuing to use the Service, the user is understood to have accepted to accept and comply with the updated Terms & Conditions of Use of this Site.
Indemnification
The user agrees to indemnify, defend, and hold Simmons Beautyrest India.com harmless for any losses, costs, or expenses (including reasonable attorney fees) relating to or arising from the user's use of or inability to use the services, violation of any terms of the agreement, violation of any third-party rights, or violation of any applicable laws, rules, or regulations. This clause shall remain in effect after the expiration or termination of this User Agreement.
Severability
If for any reason, a provision listed under terms and conditions is deemed unlawful and/or unenforceable by any court or other competent authority, the remaining provisions shall continue in effect. Any illegal and/or unenforceable section would be deemed lawful and/or enforceable and would stay in effect if the illegal part of the provision was eliminated or altered, or the term was rewritten in accordance with applicable laws.
Governing Law
This clause will remain in effect even if the agreement is terminated or expires.
- Applicable law
These terms and conditions are regulated and construed in accordance with Indian law, and the terms, conditions, and disclaimers will be subject to the exclusive jurisdiction of the courts of Delhi.
- Arbitration
Any dispute would be resolved by binding arbitration with an arbiter designated by the seller. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act 1996 and the language of the arbitration shall be English. The place of Arbitration shall be Delhi only.
Notice:
All notices to users will be emailed to their email addresses or displayed on the website. Users who have maintained their e-mail address on Simmons Beautyrest India.com will get notices at that address. Email notices are considered received the business day after they are sent if they are correctly addressed to the intended recipient.
In case of any questions, contact us at sales@simmonsbeautyrest.in or call…
Simmons Beautyrest India
419, K.M Trade Tower (Radisson Hotel),
Sec – 14, Kaushambi, Ghaziabad -201010
(NCR Delhi), India
T: ………………..
E: sales@simmonsbeautyrest.in
Simmonsbeautyrest.in
Infringement Policy
This Intellectual Property Infringement Policy should be read in conjunction with the Terms & Conditions and the Privacy Policy.
All content displayed on the www.Simmons Beautyrest India.com website, including logos, text, graphics, software, programmes, service name, trade name, user interface, source code, icons, photos, and so on, is the exclusive property of "Simmons Beautyrest India," and we reserve all intellectual property rights in these contents. Users agree not to use, duplicate, sell, transmit, make derivative works from, or distribute any content from the " Simmons Beautyrest India " website. The use of the website does not provide the user the right to make unauthorised use of any protected content. Users may only use the protected content for personal purposes and will not use it for any other purpose without the express written permission of " Simmons Beautyrest India." Access to the website does not provide the user with any express or implied licence to " Simmons Beautyrest India " or its licensors' intellectual property.
"Simmons Beautyrest India " respects others' intellectual property rights. If you believe that any of the contents presented on the website violate a copyright, patent, or trademark, or that the goods featured are counterfeit, please send us a notice of infringement along with the following information:
- Your contact information including, name, address, phone number, and e-mail address.
- A digital or electronic signature of the person authorised to act on behalf of the owner whose rights have been violated, as well as a confirmed statement that such person is the right owner's authorised representative.
- The alleged infringement's subject content and location on the website.
- The specifics of the accused subject content, as well as a description of how the alleged subject matter infringes.
- A statement that the notified party thinks in good faith that the alleged subject matter violates the rights of another person.
The above information is required for us to verify the authenticity of the claim and examine the situation. Following an inquiry, if it appears to us that the claims are not without validity, we will remove the alleged subject matter and disable access to it. If our action impacts any party, that party may file a counter notification with us addressing all of its concerns.
Please report any form of intellectual property violation that you encounter when browsing/accessing our website at: www.simmonsbeautyrest.in
"Simmons Beautyrest India" retains the right to change its intellectual property policy at any moment and without prior warning to users.