Terms & Conditions
The following terms and conditions regulate the use of this website. By continuing to use the website you agree that you have read, understood and are bound by the terms and conditions. If you disagree with these terms and conditions or any part thereof, you must not continue to use this website. The term “Ushamattress.com”, “Ushamattress.com”, we, us refers to the owner of the website and the terms you refers to the user or the viewer of the website.
The website “Ushamattress.com” is operated by “Usha Mattress”. The website “Ushamattress.com” is a one stop solution provider to lead a Comfort. Ushamattress.com is an online store which provides an online shopping and delivery service Mattresses, Pillows and other Sleeping Accessories. Besides, the services shall include home delivery tech Support and warranty services as per company norms.
The use of this website is limited to person(s) who are above the age of 18 years and are capable of forming a contract under the Indian Contract Act 1872. By continuing to use this website, you represent that you not a minor [i.e. below 18 years of age]. If you are a minor and wish to transact or use the website, it must be done under the supervision of parent or legal guardian provided that such parent or guardian accepts the terms and conditions.
The user may be required to register and login for placing orders from the website. The user should take all the necessary measures for maintaining the privacy of the password created upon registration and is also responsible for all the activities that occur under the user’s account. The user agrees to immediately notify shoporganikos.com of any unauthorised use of the account or password. In case of any damage or loss arising out of user’s failure to comply with this provision, Ushamattress.com shall not be held liable.
All the products listed on our website will be sold at the prices mentioned in the website. All the prices are in Indian currency (i.e. rupee). Unless otherwise specified, the prices cited on the websites are exclusive of shipping charges and delivery charges. The user agrees to pay for shipping or carriage charges which would be added to the quoted price upon placing of the purchase order. Ushamattress.com also reserves the right to notify the user of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if the user choose to continue with fulfilment of the order, the user acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price. Generally, the prices of the commodities do not fluctuate on daily basis, but in case of change in price it would be automatically updated on the website. However, the prices of some featured items might change regularly and if such change arises after the dispatch of your order, then it will not affect user original purchase price as the user is not liable to pay the revised price.
Ushamattress.com reserves all the right to change the prices or the services of the product at its discretion. Owing to circumstances like increase in the cost of materials, labour, carriage or increase in tax, duty or levy or any variation in exchange rates, Ushamattress.com has the right to revise the prices and/or to withdraw the discounts. While placing the order, the payment shall be made as per the indicated method in the site and such payment shall be unconditional and irrevocable.
User represents that all the information provided by the user during the registration or while placing the order is up to date and correct and sufficient for fulfilment of the order. Unless agreed otherwise, any warranties provided in relation to Products only extend to you on the understanding that you are a user and not a reseller of those Products. Based on user’s allergic or medical conditions, some products may be harmful for use. User represents that user will research and consult doctor as to whether the product are suitable for use and also represents not to purchase the product which are harmful. Ushamattres.com would not be held responsible for any kind of reaction/allergy that occurs as a result of use of any product listed on the website. Also note that Ushamattres.com would not be held responsible if any health related problem occurs due to consumption of any product from "Usha". The products listed in the website are not manufactured by “Usha” hence, Ushamattres.com disclaims its liabilities to the extent of it’s supplier's products.
As already mentioned in clause 3, the use of Ushamattres.com is limited to the person who are of 18 years of age or above. By continuing to use the website, the user guarantees that he is of 18 years or above. A person less than 18 years can access the website as per the condition mentioned in clause 3. Using of the website without compliance to this provision is deemed as an unauthorized 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 condition of such offers. Avoidance of such terms and condition is regarded as a fraudulent use by the user and the user would be responsible for all the damages occurred due to such fraudulent use.
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.
User undertakes not to post or publish any information on to the website that are 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 shoporganikos.com and its associates and partners on any property owned by Ushamattres.com
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. Ushamattres.com shall not be liable to 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 by reason 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 labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your Order and Refund will be process through the same online mode in 10 to 15 working days.
Usha mattress.com may contain links to websites operated by other companies (third party sites). User’s use of such third party sites are not governed by these terms and condition. The third party websites are not controlled by Ushamattress.com and therefore Ushamattress.com is not responsible for the contents of any linked site. These links are provided to the user only as a convenience and the inclusion of any link doesn’t imply any endorsement by Ushamattress.com.
All necessary endeavors have been taken by Ushamattress.com to ensure that the information provided on the website is correct. Ushamattress.com makes no representations about the suitability, reliability, availability, quality, accuracy or completeness of any data, information, product or Service. Ushamattress.com is a multi-brand platform and therefore there are products which are not manufactured by Ushamattress com. Ushamattress.com does not warrant that the functions provided by Ushamattress.com will be uninterrupted or error free or that Ushamattress.com or the server that makes it available are free from viruses or other harmful components. Ushamattress.com would not be held liable for any punitive or consequential damages arising out of user use or inability to use the organic services or the internet. Further, Ushamattress.com would not be held responsible for non-availability of website that may occur during any periodic maintenance or technical issue beyond the control of Ushamattress.
There may be some instances, where users are likely to encounter contents which are offensive, indecent or objectionable to some person (the contents may or may not be identified as such). User agrees to use the site or such content at its sole risk and Ushamattress.com shall not be held liable for the contents that appear objectionable or indecent to you.
The user has a right to give us review, feedback, comments or suggestion on the website. The reviews or comments posted on the website are not confidential and are the property of shoporganikos.com. User agrees to grant Ushamattress.com right to use, copy, distribute, display, make derivative, and modify the posted review and comment without any restriction. User also agrees to grant Ushamattress.com right to use the name that has been submitted with the reviews or comments, in connection with such review or comment. Further the user agrees that the comments or reviews posted by the user shall not violate Ushamattress.com policy or any other person’s rights. The user agrees not to post comment or review that contains any illegal, scandalous, offensive, obscene, threatening material.
Ushamattress.com reserves all the right to suspend or terminate the user’s use of the website without giving prior notice, if Ushamattress.com finds that the user has violated any of the terms and conditions, policies or guidelines. The user can terminate the agreement at any time, provided that the user discontinues any further use of the website. Upon any termination of the User Agreement by either you or Usha, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. User shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
Ushamattress.com reserves all the right to revise these term and conditions from time to time without notifying the user. The revised terms and conditions would be applicable from the date on which the revised terms and conditions are published on the website. The user should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable, the user should discontinue using the Service. However, if the user continues to use the Service, then the user shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
The user agrees to indemnify, defend, hold harmless Ushamattress.com for any losses, costs, expenses (including reasonable attorney fees) relating to or arising out of user’s use of or inability to the use the services, user’s violation of any terms of agreement, user’s violation of any rights of third party, user violation of any applicable laws, rules or regulations. This clause shall survive the expiry or termination of this User Agreement.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
This clause shall survive the termination or expiration of this agreement.
1. Applicable law
These terms and conditions will be governed by and construed in accordance with the laws applicable in INDIA and the terms, conditions and disclaimers are subject to the exclusive jurisdiction of the courts of Kolkata.
Any dispute arising would be subjected to a binding arbitration with one arbitrator selected by each party and a third arbitrator selected by the two chosen arbitrator. The parties may take the recourse of institutional arbitration. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act 1996 and language of the arbitration shall be English.
All notices to the users will be sent to their mails or will be posted on the website. The users, who have maintained their e-mail address with Ushamattress.com, will be receiving notice in such e-mail address only. Email notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.
In case of any question the user can contact Usha Mattress at sales@Ushamattress.com or call at 0120 - 4901369.
All the contents such as logos, text, graphics, software, programs, service name, trade name, user interface, source code, icons, images, etc displayed on the www.Ushamattress.com website is the exclusive property of “Usha” as we reserve all the intellectual property rights in these contents. Users agree not to use, reproduce, sell, transmit, create derivate work or distribute any content from the website belonging to “Usha”. Use of the website does not entitle the user to make any unauthorized use of any protected content. User may use the protected content solely for personal use and will make no other use of the content without express written permission of “Usha”. Access to the website does not grant the user any license, express or implied, to the intellectual property of “Usha” or its licensors.
“Usha” respects the intellectual property right of others. In case you find that any contents displayed in the website infringes a copyright, patent, or trademark or in case the goods exhibited are counterfeit in nature, then you can send us a notice of infringement along with the following details.
- Your contact information including your name, address, telephone number, e-mail address.
- A digital or electronic signature of the person authorized to act on behalf of the owner whose rights have been infringed and a verified statement that such person is the authorized representative of the right owner.
- The alleged subject matter of the infringement and its location on the website.
- The details of the alleged subject matter and a description as to how the alleged subject matter is infringing.
- A statement that the notifying person believes in good faith that the alleged subject matter is infringing other person’s right.
The above information are necessary for us in order to verify the genuineness of the claim and to investigate upon the matter. After investigation, if it appears to us that the claims are not meritless, then we would remove the alleged subject matter and disable the access to such. If action taken by us affects any party, then such party can file a counter notification with us addressing all its concerns.
Kindly report any type of Intellectual Property infringement that you come across while surfing/accessing our website at: Ushamattress.com
“Usha” reserves all the right to modify the intellectual property policy at any time with its discretion without prior notice to the users.