Terms and Conditions
This website is owned and operated by Emma Sleep India Private Limited (henceforth referred as "Emma Sleep or "Emma" or "we" or "us" or "our" "emma-sleep.in" or "Emma Germany"). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms and any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at email@example.com
We provide the Site to enable you to browse and purchase Emma Sleep products.
When you visit the Site, or send us e-mails, you are communicating with us electronically. Also when you place an order as a guest or by registering on the website, you are accepting the terms of service. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Images of people, places and/or products posted on this Site are either the property of Emma Sleep or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Emma Sleep or its licensors, partners, affiliates, or sister companies and is protected by Indian and international copyright laws. The compilation of this Site is the exclusive property of Emma and is protected by Indian and international intellectual property laws. Any unauthorized use of any content or materials on this Site is prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at firstname.lastname@example.org
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Emma Sleep, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Emma Sleep, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human-readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
PRICES AND SHIPPING COSTS
The price for Products available for purchase through the Site will be displayed to you on the Site. Any applicable taxes will be communicated to you before you place an order. There is no charge for standard shipping.
The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, debit cards and net banking as detailed on the applicable payment screen.
We will deliver the product(s) to you within 30 days after the day on which we accept your order. We are not responsible for delays outside of our control. If the product supply(s) is delayed by an event outside our control, we will contact you as soon as possible to tell you. We will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product(s)s you have paid for but not received. In the case of the non-availability of goods a possible advance payment will be refunded without delay. The product(s) will be your responsibility from the time we deliver the product(s) to the delivery address provided to us. If you are not at the delivery address or if no one is available to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot. If you do not collect the product(s) from us as arranged, or if, after failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection we may end the contract and claim for any loss caused by your refusal to take delivery. If you are in default of acceptance, we reserve the right to sell the goods to a third party or to hold you liable for any loss.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes. Your use of our website constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its terms.
Product(s) may vary slightly from their images.
RESERVATION OF TITLE
We retain ownership of the purchased item until the invoice has been paid in full by you. If you are in arrears for any payment obligations, all outstanding sums are immediately due.
OUR GOODWILL GUARANTEE
- These terms reflect the goodwill guarantee offered by Emma Sleep Private Limited customers. This goodwill guarantee assures a 100 day possible return period, and that We pay the return costs.
- To exercise the right of cancellation under our goodwill guarantee, you must contact us, E-Mail: email@example.com with a clear explanation about your decision to cancel this contract under the goodwill guarantee. To benefit from the goodwill guarantee, it is necessary for you to send the notification of the exercise of the right of cancellation before the end of the 100-day goodwill guarantee period.
- If you cancel this contract in accordance with the goodwill guarantee we will pick up the mattress from the same address we delivered it to for free. For such repayment, we use the same payment you used in the original transaction unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in value of the product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. To clarify, this only applies when you carelessly damage the product not for using it appropriately and for its purpose. Damages by external factors (e.g. damages during delivery) will not reduce the refund price for you.
PROBLEMS WITH THE PRODUCT(S)
If you wish to reject products, you must either return them to us [or allow us to collect them from you]. We will pay the costs of postage or collection.
RETURNING PRODUCTS AND ORDER CANCELLATION
If you end this contract in accordance with the goodwill guarantee, we will pick up the mattress from the same address we delivered it to, for free.
If you have ordered the wrong size, you have to pay return shipping fee.
There are few case we wont be accepting the returns.
1. Custom size mattress.
2. If the mattress is damaged, have any kind of stains/marks.
For above mentioned cases returns are not applicable. Please email us at firstname.lastname@example.org to arrange collection.
Buyer may terminate any purchase order in a whole or in a part upon contacting us on email@example.com Order can be cancelled if the product is not shipped.
These terms and conditions, and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. You agree to submit to the non-exclusive jurisdiction of Indian courts..
LIMITATION OF LIABILITY
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product(s)s.
- We are not liable for business losses. We only supply the product(s)s for domestic and private use. If you use the product(s)s for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- The warranty period is 10 years from delivery of the goods. This does not apply to damages resulting from injury to life, body or health, which is attributable to the seller and not to gross negligence or willful deliberate damage or misrepresentation by us.
- Only our details and the product(s) description of the product(s) are deemed as agreed upon; but no other advertising, public promises and statements by us.
- If you are not a consumer, you are obliged to examine the goods immediately and perform due diligence on quality and quantity deviations and to notify obvious defects within 7 days from receipt of the goods to us in writing. The same applies to any defects you find later.
- The warranty provided under this clause will not apply where you are not acting as a consumer and have not examined the product(s) and notified us of any defects.
- We will fulfill the warranty in the case of defective goods at our option by repair or replacement delivery. If we fail to rectify the fault two times, you may demand a reduction or withdraw from the contract.
- In the case of subsequent improvement, the buyer shall bear the increased costs resulting from the fact that the goods have been transported to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- The legal revocation and warranty rights remain unchanged. In order to ensure smooth handling of the guarantee claim, the customer is asked to provide appropriate photo material of the affected product(s) and slat grate.
This warranty covers :
Cracks, dings or damage to the foam, which have arisen despite proper use and proper handling.
In case of product(s)ion damage at the zipper.
This warranty does not apply:
For personal comfort preferences
In the case of damage caused, inter alia, but not exclusively by cuts, burns, cracks, liquids or stains.
Replacement of any non-damaged parts of the Emma mattress.
Any Emma mattress not supplied by an official dealer.
Any mattress that has not been sold as a new product(s).
TERMS ON 100 NIGHT TRIAL
The original purchase must be made on one of our authorized online platforms.
100 Nights Trial offer starts on the date of delivery of the first mattress, regardless of however many product exchanges the customer makes subsequently.
This policy is limited to one return per address.
To initiate your return, please send your return request, alongside a valid reason for return, the original invoice and photographs that explicitly show the state the product is in at the time of return. The returns will also be inspected in person at pick-up.
The last decision on refund under the 100 Nights Trial offer will be made at the discretion of one of employees upon final inspection. The company reserves the right to turn down any request claim if the customer fails to fulfil the Terms and Conditions for the 100 Nights Trial.
OTHER IMPORTANT TERMS
- If a court finds part of this contract illegal, the rest will continue to be in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Nobody else has any rights under this contract. This contract is between the user and us. No other person shall have any right to enforce any of its terms.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.