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Terms of service
American Koil Mattress owns and runs this website. On using the Site or procuring any products as mentioned, terms and conditions will be applicable. Please refer the below given terms, guidelines, or rules that apply to any part of this Site promptly. As you disagree the terms and conditions, you can quit the Site on immediate effect and ignore sharing the product or site information. For any further clarification, do not .hesitate to contact at WhatsApp or at theamericankoil@gmail.com. .American Koil website is easy to browse and procure our products
PRIVACY
Privacy Policy has been generated to relate in order to completely .decide the way to collect and use your facts. Hereby the Privacy Policy is .integrated into these Terms by source.
DIGITAL MESSAGING
During the time you visit the Site, or WhatsApp, or send us e-mails you .are communicating with us electronically. As a guest or by registering on .the website, if you are placing an order, you are accepting the terms of .service. By doing so, 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
Any person under age 18 are NOT ALLOWED to use or BREAKDOWN THE SITE IN ANY WAY OR ANY TIME. The Site is not directed to persons under the age of 18. If the Site is being used on behalf of a individual, a company, or group of organization, then you can address and permit that you (i) are an approved delegate of that fraternity; (ii) have the adept to confine that fraternity to these Terms; and (iii) concur to limit by these Terms on and off of that fraternity.
PATENT
It’s the rights that creators have over their literary and artistic works. .Portrayal of mankind, locations or/and products displayed on this Site .are either the belongings of AMERICAN KOIL or our licensors. It covers .the range from images, illustrations, designs, icons, photographs, video .clips and written, other materials, books, music, paintings, sculpture, .and films, to computer programs, databases, advertisements, maps, and .technical drawings. Either or else being noted, all motif included on this .Site is the belongings of American Koil or its licensors, partners, affiliates, .or sister companies and is protected by Indian and international .copyright laws. The complexity of this Site is the exclusive belongings of .AMERICAN KOIL 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 theamericankoil@gmail.com.
TRADEMARKS
All trademarks, service marks, and trade names (collectively the “Marks”) .that appear on this Site are belongings to AMERICAN KOIL, 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 PERMIT 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.
DELIVERY
We will deliver the product(s) to you maximum 30 days after the day on .which we accept your order. We can also do it as fast as minimum of 2 .days depending upon the location. 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.
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.
OUR PRODUCT(S)
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 120 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: theamericankoil@gmail.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 120-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 UNDER TRIAL PERIOD 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 exceptions where we will not accept return during the .120-night trial period- .1. If you order a non-standard size item whose dimensions are not listed .on our website .2. If the mattress is intentionally damaged using sharp objects, damage .during improper opening of the mattress cover, damage due to liquid .spilling on the mattress, food stains on the mattress, tea/coffee stains or .any other beverage related stains. .3. If you cause intentional damage to the product or its components .4. There will be no returns and refunds on Pillows except for damage .shipments. .For the above-mentioned cases returns are not applicable. .Please email us at theamericankoil@gmail.com to arrange collection. .Buyer may terminate any purchase order in a whole or in a part upon .contacting us on theamericankoil@gmail.com Order can be cancelled if .the product is not shipped.
GOVERNING LAW
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 do not exclude or limit in any way our liability to you where it would .be unlawful to do so. 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.
WARRANTY
The warranty period is 15 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 warranty claim, the customer is asked to .provide appropriate photo & video 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 AMERICAN KOIL mattress. .Any AMERICAN KOIL mattress not supplied by an official dealer. .Any AMERICAN KOIL mattress that has not been sold as a new product(s). .Your invoice will serve as proof of warranty.
TERMS ON 120 NIGHT TRIAL
To bring the confidence among the customers, we prefer this120 Nights .Trial offer. From the date of delivery of the first mattress the trial shall .be applicable. Register with our website and do the direct purchase and .use only the authorized online platforms for purchase. This policy is .limited to one return per address. To activate and confirm your product .return, please send the original invoice, photograph of the damaged .area, valid reason along with your return request. The returns will also .be inspected in person at pick-up. Please send a return request to .theamericankoil@gmail.com .The 120 days Trial offer is not valid on customized sizes, i.e, specs .ordered by the customer which are not listed on the website. Upon the .final verification by our evaluation team, the final decision on refund .under the 120 Nights Trial offer will be made at the circumstance. The .company reserves the right to deny any request claim if the customer .fails to fulfil the Terms and Conditions for the 120 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. Customers Highlighting any physical & visible .damage needs to be communicated to AMERICAN KOIL within 24 Hours .of delivery. Colors of the foam is for imagery purpose only; in this sense .the actual foam color may differ from the images on the website. .Refunds & Returns: .- How do I start the return process? .When you want to return your AMERICAN KOIL Mattress simply e-mail .our customer service team and we will arrange for a pickup at zero cost .to you. .- How does the return process work? .After we initiate a return for you, one of the collection companies we .work with will contact you via telephone within 10-15 business days to .organize a suitable date for collection. .Afterwards, we will do a quality check to ensure the legitimacy of the .returned item before proceeding with the refund process. .-How does refunds work? .As soon as the return has arrived at our warehouse after pickup, we will .then issue your refund. Please bear in mind that the refund may take up .to 2 weeks to process depending on the payment method you used. .- I bought my AMERICAN KOIL from a different shop. Am I covered with .the 15-year warranty? Unfortunately, only AMERICAN KOIL products .that were purchased in the India and through our official website are .covered by our warranty. For more information, please check our Terms .and Conditions. .Contact Us: .theamericankoil@gmail.com .WhatsApp: +91-9281800500</p>
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