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Terms & Conditions

These The Sleep Company Terms and Conditions apply to the website and all other online properties (the “Site”) operated by The Sleep Company (“The Sleep Company”, “we”, or “us”). 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 as well as 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 protected]
We provide the Site in order to enable you to browse and purchase The Sleep Company products.

PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.

 

ELECTRONIC COMMUNICATION

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.

 

ELIGIBILITY

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.

 

COPYRIGHT

Images of people, places and/or products posted on this Site are either the property of The Sleep Company or our licencors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “The Sleep Company Content”) is the property of the Sleep Company or its licencors, partners or affiliates and is protected by Indian and international copyright laws. The compilation of this Site is the exclusive property of The Sleep Company and is protected by Indian and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly 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 [email protected].

 

TRADEMARKS

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to The Sleep Company, 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 The Sleep Company, 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.

 

FEES AND PAYMENTS: SHIPPING

Prices. 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.

Payments. 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. You may also finance your purchase of Products through Affirm, as detailed on the payment screen.

 

CONTENT YOU SUBMIT TO THE SLEEP COMPANY

From time to time, The Sleep Company  may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to The Sleep Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By posting a Review on the Site, you hereby grant The Sleep Company an unrestricted, assignable, sub-licensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing The Sleep Company and the Products. You further grant The Sleep Company a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by The Sleep Company through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to The Sleep Company the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on non consensual recording, or otherwise), or (C) require The Sleep Company to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by The Sleep Company in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

We reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. The Sleep Company has no obligation to display or post any Reviews. The Sleep Company, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

 

DISCLAIMER

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release The Sleep Company of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.

We make no promises and disclaim all liability of specific results from the use of the Site.

 

DISPUTE RESOLUTION

These Terms and the relationship between you and The Sleep Company will be governed by the laws of Maharashtra, India without regard to its conflict of law provisions. You and Maharashtra agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the Maharashtra Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in India in the State of Maharashtra.

 

TERMINATION

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.

 

WAIVER

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

WARRANTY

Congratulations on your purchase of The Sleep Company Mattress. The Sleep Company is committed to providing superior product durability and quality so that you may achieve happy & healthy sleep!

The 10 year limited warranty begins at the date of purchase and is valid up to 10 years from the date of purchase.

Incase of a manufacturing defect covered by warranty within 1 year of purchase, the mattress will be repaired or replaced with a then current comparable model and size of mattress. Incase of any manufacturing defect after the first, either a repair or in case if a repair is not possible, a Prorated Credit Settlement will be applicable. Which means for every year you own it, you would receive less and less credit.

 

The warranty covers

  • Visible indentation or sagging of the mattress greater than 1 inch and not resulting from improper use, an improper bed, bed base or foundation.
  • Please note a + or – 15 mm variation in length, width and thickness is in the tolerance limit and can also be subjective to individual measurements taken from center of the mattress.
  • A manufacturing defect in the cover zipper. This does not include breakage of zipper from improper or manhandling of zipper.

 

The warranty does not cover

Issues that result from normal wear and tear or improper use are not subject to this Limited Warranty. The intended use of your mattress is for sleeping, resting and laying on; any other use of this mattress shall be considered misuse of the mattress and will void your Limited Warranty. Exclusions from the Limited Warranty include but are not limited to: Normal wear and tear. Any improper use of the mattress.

  • Minor imperfections such as slight cosmetic flaws.
  • Stains, tears burns and discoloration that occur over time and/or are a caused by the customer. Indentions, sagging or body indentions less than one (1) inch deep.
  • Personal opinions or preferences regarding the softness, firmness or attributes of a mattress.
  • Any mattresses purchased or acquired used, resold, gifted or any way not in possession of the original owner. Any mattress purchased from a non-authorized The Sleep Company distributor.
  • Physical damage to a mattress caused by the customer.
  • Allergies or sensitivities to fabrics or materials.
  • Damage caused by animals, rodents or children.
  • Naturally occurring aromas from foam, cotton or other materials.

A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress

CARE

Cleaning – Use a soft, damp and clean cloth using small circular motions to clean. You may use light fabric cleaning products. Please DO NOT machine wash or machine dry the mattress cover.

Bending the mattress or its corners in any circumstance is not recommended and might damage the layers.

Always protect the mattress from water and other liquids