LAST REVISION: September 1st, 2021
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE AND/OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE POLICIES AND GUIDELINES INCORPORATED IN THIS AGREEMENT BY REFERENCE.
This Agreement governs your use of this Website, our offer of products for purchase on this Website and/or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We will intimate you of any changes and/or revisions that have been made to this Website by indicating the date of last revision on the top of this Agreement. The changed and/or revised Agreement will be effective immediately after it is posted on this Website. Your use of this Website following the posting any such changes and/or of a revised Agreement will constitute your acceptance of any such changes and/or revisions. We encourage you to review this Agreement whenever you visit this Website to make sure that you understand the terms and conditions governing use of this Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with us for other products and/or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of this Website.
This Website is owned and operated by “PL foams” having its registered office at Wada, Maharashtra.
- Products: This Website offers various products for sale and/or trial (the “Products“).
- Prices: The prices displayed on the website are inclusive of G.S.T and applicable taxes. We reserve the right to change the prices of the Products and/or offer the Products at a discount and/or offer such offers on this Website from time to time, at our sole discretion and without intimation to you.
- Delivery: Standard delivery for all of our products across India is free. Delivery of goods will take place at the address entered during checkout. In case you want to change the delivery address after the order is placed and before dispatch, please call us at (+91) 88848-84345 or send us an email
at email@example.com. We shall try our best to accommodate this change although we cannot guarantee the same. You will have to bear additional delivery charges in case the delivery is not accepted and/or made to a wrong location due to an incorrect and/or incomplete delivery address entered during checkout. The Products shall be delivered by us and/or by a third party logistics on our behalf. We reserve the right to split any deliveries for logistical reasons.
- Payment: This Website offers various payment methods for the Products including UPI, netbanking, credit cards and debit cards and cash on delivery. There may be a convenience charge if the mode of payment is cash on delivery and/or also for other modes of payment that may be charged by the payment gateway. In case of any EMI and/or other cashback offers on any Products offered by various banks, we do not have any responsibility for such offers as they are offered directly by the respective banks and therefore all disputes and/or queries shall be taken up with the banks respective directly. In case of unavailability of one or more Products, you will be notified by email or telephone. The amount paid will be recalculated and a refund for the whole amount paid for the unavailable Product shall be made.
- Returns and refunds: For complete terms and conditions of our Product return and refunds policy, please refer to the Returns and Refund Policy on this Website.
- Warranty: Our Products come with a standard limited 10 years warranty. For warranty related information, warranty claims and/or repair requests, please refer to the Standard Limited Warranty Policy on this Website.
- Information on Products, orders and/or other promotional and marketing communications: Unless you communicate your desire to opt out from and/or unsubscribe to receive promotional and/or marketing communications from us by clicking on the unsubscribe link in any promotional email or newsletter and/or sending an email request, you shall continue to receive such communications, provided however that, such cancellation of subscription shall not affect transactional communications pertaining to orders such as order confirmation, order updates, returns, refunds and/or other order related communications.
- Intellectual Property Rights: We own proprietary rights and intellectual property rights in the Products. You shall not copy, reproduce, resell and/or redistribute any Product manufactured and/or distributed by us. We also have rights to all trademarks, trade dress, copyrights in content and specific layouts of this Website, including calls to action, text placement, images and/or other information.
- Website: In addition to making Products available, this Website may also offer information, images, marketing materials and/or other content that may be either created by us and/or used by us under a licence. To the extent any content is created by us and/or on our behalf by any third party, we own copyright and/or other intellectual property rights in such content and to the extent any content is licensed by us, the copyright and other intellectual property rights thereto are owned by the owners granting such license. You therefore acknowledge that your use of the content on this Website is for personal and non-commercial use. Any advertisements that link to third-party websites are displayed by third party advertising tools and/or apps and therefore neither do we endorse the contents on any such third-party websites, not are we responsible in any manner whatsoever for the content of and/or any damage that may result from your access to and/or reliance on these third-party websites. If you access and/or link to third-party websites, you do so at your own risk. We are not responsible for any damages resulting from use of this Website by you. You agree that you will (i) not use this Website for illegal purposes and/or unethical purposes; (ii) abide by all applicable local, state, national and/or international laws and regulations in your use of this Website (including laws regarding intellectual property); (iii) not interfere with or disrupt the use and enjoyment of this Website by other users; (iv) not resell material on this Website; (v) not engage, directly or indirectly, in transmission of spam, chain letters, junk mail and/or any other type of unsolicited communication; and/or (vi) not defame, harass, abuse and/or disrupt other users of this Website. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on this Website in connection with your noncommercial, use of this Website. You may not copy, reproduce, transmit, distribute and/or create derivative works of such content or information without express written authorization from us. By posting, storing, or transmitting any content on this Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. We do not have the ability to control the nature of the user-generated content offered through this Website and hence you are solely responsible for your interactions with other users of this Website and/or of any content you post. We are not liable for any damage and/or harm resulting from any posts by or interactions between users. We reserve the right to monitor interactions between and among users of this Website and/or to remove any content that we in our sole discretion deem to be objectionable, provided however that, we shall not deemed to have any such obligation to moderate any content which shall be at your sole risk.
- DISCLAIMER OF WARRANTIES: YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THIS WEBSITE AND/OR THE PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS AND/OR THIS WEBSITE CONTENT AND/OR ANY RELIANCE UPON OR USE OF THIS WEBSITE CONTENT AND/OR THE PRODUCTS WHICH INCLUDE TRIAL PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY (I) THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE AND/OR TIMELY; (II) THAT THE LINKS TO THIRD-PARTY WEBSITES WHETHER IN ADVERTISEMENTS AND/OR OTHERWISE ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE AND/OR TIMELY. NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FOR ANY DEFECTS IN PRODUCTS, THE TERMS AND CONDITIONS OF THE STANDARD LIMITED WARRANTY POLICY WILL APPLY WHICH IS AVAILABLE ON THIS WEBSITE.
- LIMITATION OF LIABILITY: OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY AND/OR OTHERWISE, WITH RESPECT TO THIS WEBSITE CONTENT AND/OR PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR ANY PRODUCTS PURCHASED VIA THIS WEBSITE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT AND/OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (I) THE USE OR THE INABILITY TO USE THIS WEBSITE CONTENT OR PRODUCTS; (II) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (III) ANY PRODUCTS PURCHASED AND/OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE; AND/OR (IV) ANY LOST PROFITS YOU ALLEGE.
- Indemnification: You agree to release, indemnify, defend and hold harmless us and/or any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and/ expenses, including reasonable attorneys’ fees and expenses, of third parties relating to, in connection with and/or in any manner arising out of (i) this Agreement and/or the breach of your warranties, representations and obligations under this Agreement; (ii) this Website content and/or your use of this Website content; (iii) the Products and/or your use of the Products (including Trial Products); (iv) any intellectual property and/or other proprietary right of any person and/or entity; (v) your violation of any provision of this Agreement; and/or (vi) any information or data you supplied to us. The terms of this provision will survive any termination and/or cancellation of this Agreement and/or your use of this Website and/or the Products.
- Entire agreement: This Agreement comprises the entire agreement between you and us and supersedes any prior agreements pertaining to the subject matter contained herein.
- Termination: We reserve the right to terminate your access to this Website if we reasonably believe, in our sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use this Website and we may, in our sole discretion and without advance notice to you, cancel any outstanding orders for the Products. If your access to this Website is terminated, we reserve the right to exercise whatever means it deems necessary to prevent unauthorized access of this Website.
- Domestic use: We make no representation that this Website and/or Products are appropriate and/or available for use in locations outside India. Users who access this Website from outside India and/or use our Products outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
- Force majeure: We shall not be liable or take responsible for any failure to perform, delay in performance, or any other obligations in relation to any Products and/or obligations attributable thereto if and to the extent, such delay or failure is caused, in whole or in part, by a Force Majeure Event. A “Force Majeure Event” shall mean, any event, circumstance, occurrence or cause beyond our reasonable control, including any Acts of God such as natural disasters, fire, explosion, flood, pandemics, epidemics, power failures, strikes, war or war threat, acts of terrorism, civil disorder, Governmental actions, lockdowns, national emergency, riot, sabotage, labour disputes and strikes. Our obligation to perform shall be deemed to be suspended for the period that the Force Majeure Event continues, and we shall have an extension of time for performance for the duration of that period.
Governing Law and Jurisdiction: This Agreement will be governed by the laws of India and by using this Website and/or ordering Products, you consent to the exclusive jurisdiction of the courts of Mumbai in connection with any action, suit, proceeding and/or claim arising under or by reason of this Agreement.