Terms and Conditions Fresh Up Mattresses
Ecommerce or website related terms and conditions:
M.H. Polymers Pvt. Ltd. reserves the right to add, delete, alter &/or modify these terms and conditions at any time. You, the Customer is therefore advised to read carefully these terms and conditions each time he or she uses the shopping service(s) of M.H. Polymers Pvt. Ltd.
The agreement between the Customer and the M.H. Polymers Pvt. Ltd. shall be subject to the terms and conditions contained herein:
- By placing an order, the customer has authorized M.H. Polymers Pvt. Ltd. to pass on the order to the respective Manufacturing Unit (s ), Dealer, Distributor, vendor or any other business associate, who are supplying the product.
- The Customer represents that he/she has completed 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- These terms and conditions supersede all the 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 M.H. Polymers Pvt. Ltd. you, your parent or legal guardian has agreed to be bound by the Terms and Conditions.
- If the product is picked up directly by the customer from the vendor the applicable delivery charge (if any) will be deducted from the total amount payable by the customer.
- 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 ) is 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 a 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.
- M.H. Polymers Pvt. Ltd. would refund only the amount charged in INR as displayed on the website. M.H. Polymers 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.
- 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 (color, design, size, etc ) Picture/photo shown on the site are only indicative, actual product may not resemble with the shown pic / photo. Any query/ request will not 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 any case whatsoever.
- The results yielded by Mattress Selector feature are just indicative and the customer's decision to buy / purchase the product will be his/her own sole decision and the company/distributor/ dealer/ warehouse etc will not be responsible for any such acts. Customer/user would be solely responsible for purchasing any product from the site and no request will be entertained pertaining to the cancellation of order , refund of money ( partially or fully ) , replacement of product , change of product for any reason and in case of any dispute, company's decision will be binding on all and no dispute will be entertained.
- M.H. Polymers Pvt. Ltd. reserves its right to withdraw any product or goods at its sole discretion.
- M.H. Polymers 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 the M.H. Polymers Pvt. Ltd.
- In a credit card transaction, you must use your own credit card.
- M.H. Polymers 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.
- M.H. Polymers Pvt. Ltd. shall inform the Warehouse / Vendor / Merchant/ business associate to try to deliver the product by the expected date. However, if by any chance, the product is delivered later that the date it was supposed to be delivered, the customer should accept the product.
- 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 by the expected date.
- 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.
- The products you select are sourced from different manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc and even though we do put in our best effort to coordinate the delivery of the products it is not always possible due to different locations and logistic services used by the manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc.
- Any request for cancellations of orders once duly placed on the site, shall not be entertained, in any case whatsoever.
- In the event of non-delivery on account of your mistake (i.e. wrong name or address) or incomplete information, any extra cost incurred by M.H. Polymers Pvt. Ltd. for redelivery shall be claimed from the Customer placing the order.
- Delivery will be attempted only once. After the attempt the order will be cancelled and no further attempt will be made to deliver it. No refunds or cancellations will be made for goods / Product (s).
- In the event of no one being at home, every genuine effort shall be made to a re-delivery. In the unlikely event the product is unable to be delivered due to no one being at home we will return the goods to manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc. The customer will be informed.
- The goods will be held for three days at the manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc.
- The only exception will be if the value of the product exceeds Rs.15000/-, a cancellation charge of 25% will be levied and the balance refunded to the customer.
- M.H. Polymers Pvt. Ltd. shall not be liable for any delay / non-delivery of purchased goods for any reason of force majeure including any acts of nature (eg floods, fire, hurricanes, tsunami, lightning, etc) and acts of people (eg. Riots, strikes, wars, terrorist attacks, bombs, lock out, theft, etc). Nor shall it be responsible for any cause that is beyond the control of M.H. Polymers Pvt. Ltd. including manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc.
- All shipments to any Hostel/School/College/Call Center/Hotel/Lodging House/Office are placed at the customer’s risk. M.H. Polymers Pvt. Ltd. shall not under any circumstances issue a refund or credit to the customer account nor shall attempt reshipment of the same order placed to such address.
- All products are duly screened and assured by the manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc. to ensure that the products are of the standard, quality, composition, style or model that they represent. There may be variations in appearance and colors especially in the goods .
- The product (s) may also have variations as these goods are either handmade and/or machine made. The customer agrees to the variations and understands the nature of the variations and allows the M.H. Polymers Pvt. Ltd. to deliver a product which looks like to the description product picture exhibited on the web-site.
- Product(s) & goods specified in the arrangements shown may differ as per the availability. If the Product(s) & goods specified in the arrangements are not available suitable, alternatives will be used.
- Effort has been made to display the color, Design & details of products and goods. However colors, design & details may vary according to monitor used by you; M.H. Polymers Pvt. Ltd. cannot guarantee that your monitor's display of color & details will be accurate or same as the one uploaded.
- No complaint regarding damaged/defective or quality complaint shall be entertained unless the complaint is made in writing and emailed to us at firstname.lastname@example.org within seven days after the receipt of the product, giving details of delivery code, location and specifying nature of damage/ defect.
- M.H. Polymers Pvt. Ltd. gives no warranties as to quality, quantity, merchantability, implied fitness for particular purpose, express or implied relating to the goods and products or arising out of the course of dealings or course of performance.
- M.H. Polymers Pvt. Ltd., its directors, employees and representatives,manufacturing unit(s), dealer(s),distributor(s), vendor(s), business associates, warehouses, etc. are in no way responsible for any costs, damages, losses, expenses, injury, and/or taxes incurred by the customer in respect of any transaction through the portal and/or from purchase of the goods and products of the manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc.
- The Customer agrees to use the services provided by M.H. Polymers Pvt. Ltd. for lawful purposes only.
- The Customer agrees to provide authentic, true and correct and accurate information. The Customer is aware that M.H. Polymers Pvt. Ltd. will act on the information and representations of the Customer. M.H. Polymers Pvt. Ltd. reserves the right, but shall not be bound to, confirm and validate the information and other details provided by the Customer at any point of time.
- If Customer details are found not to be incorrect (wholly or partly), M.H. Polymers Pvt. Ltd. has the right in its sole discretion to reject the registration and debar the Customer from using the services of M.H. Polymers Pvt. Ltd. shopping, and / or other affiliated websites without prior intimation whatsoever.
- M.H. Polymers Pvt. Ltd. will not be responsible for any damage suffered by customers from use of the services on this site. This without limitation includes loss of revenue/data/goodwill resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the manufacturing units / dealers / distributors / vendors / business associates / warehouses, etc.
- This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
- The Customer expressly agrees that the use of service(s) M.H. Polymers Pvt. Ltd. Shopping is at the Customer's sole risk.
- The Service(s) of M.H. Polymers Pvt. Ltd. Shopping are provided on an "as is" basis without warranties of any kind, whether express or implied.
- M.H. Polymers Pvt. Ltd., its holding company, its affiliates, employees, agents, consultants, contracted companies, manufacturing units, dealers , distributors, vendors, business associates, warehouses, etc. make no warranties of any kind, whether expressed or implied, for the service it is providing or as to the results that may be obtained from use of the Service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Service.
- M.H. Polymers Pvt. Ltd. have selling or distribution rights.
- All Product(s) & Goods are displayed in the catalogue to add variety to the content and allow the customer a wider choice in selection of products.
- M.H. Polymers Pvt. Ltd. does not represent or warrant to maintain confidentiality of information; although M.H. Polymers Pvt. Ltd's current practice is to utilize reasonable efforts to maintain such confidentiality.
- The customer agrees to defend, indemnify and hold M.H. Polymers Pvt. Ltd., its holding company, 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 him/her 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.
- This agreement shall be constructed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
- M.H. Polymers Pvt. Ltd. may at any time be able to modify the Agreement without any prior notification to you.
- Subsequent to any modified Agreement if you use the service you shall be deemed to have agreed to accept and abide by the modified Agreement.
- The M.H. Polymers Pvt. Ltd. may look into complaint & rectify as per its own discretion. In no circumstances shall M.H. Polymers Pvt. Ltd. & its business associates will refund the money, once product has been delivered.
The term 'M.H. Polymers' or 'us' or 'we' refers to the owner of the website www.freshupmattresses.com whose registered address is B-15, Site B Surajpur Industrial Area, Distt. Gautam Budh Nagar-201306, UP. The term 'you' refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All Trademarks reproduced in this website which are not the property of, or licensed to, the operators are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without [business name]'s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"