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Terms and Conditions

Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY TO THIS WEBSITE www.shopwelspuncomforts.com / www.shop.welspuncomforts.com  as well as any other domains owned and operated by Welspun  (collectively, the “Site”) which is owned and operated by “Welspun USA Inc. (“Welspun” or “Company” or “we” or “us” or “our”). PLEASE READ THESE TERMS AND CONDITIONSCAREFULLY. IF YOU [USER] DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS MENTIONED HEREIN, KINDLY REFRAIN FROM ACCESSING THE SITE. ACCESS TO THIS SITE SHALL BE DEEMED TO BE AN ACCEPTANCE OF THESE TERMS AND CONDITIONS. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE AND YOU ARE DEEMED TO HAVE READ AND UNDERSTOOD ALL OF ITS CONTENTS AND IMPLICATIONS.

Context

The terms and conditions (the "Terms and Conditions") govern your use of this Site and any content made available from or through this Site. “Welspun” may change, modify, add or remove portions of these Terms and Conditions from time to time, at any time with or without notice to you, by posting such changes on the Site.  Please check this page periodically for such changes.  Your continued use of our Site following the posting of changes to these terms will mean that you accept those changes.

Grant of Access

In the course of using the Site, you may provide or we may collect information about you. We are committed to protecting the privacy of our customers’ information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy incorporated into these Terms and Conditions.  In using this Site, you may also be subject to the Disclaimer and such other additional guidelines, policies or rules formulated in accordance with the laws of the United States, applicable to specific services and features, which may be posted by “Welspun” from time to time (collectively, the “Guidelines”). All of these Guidelines are part of the terms and are hereby incorporated by reference.

Restrictions on Use of Our Site

You may access and view the content on the Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Site, make single copies or prints of the content on the Site for your personal, internal use only. Use of the Site and the services offered on or through the Site, are only for your personal, non-commercial use.  Under no circumstances may you change or delete any copyright, trademark, or other proprietary notices.   Any modification of the materials on our Site or use of them for any other purpose will violate our intellectual property rights.

The Site and all of its content are copyrighted materials, protected by U.S. and international copyright laws. All content contained on the Site is the exclusive intellectual property of Welspun and its affiliates and subsidiaries and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use.  Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on or through the Site.

Additionally, the names and logos of Welspun are trademarks and/or service marks of Welspun.  Welspun’s trademarks and service marks may not be used by any party other without Welspun’s express written permission.

Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners.

Everything you download from the Site remains the exclusive property of Welspun.  You cannot redistribute or sell the material--or reverse-engineer, disassemble, or otherwise convert it to any other form.  You are not permitted to directly or indirectly alter, reverse engineer, modify, or create any derivative works of the Site or any other Welspun Intellectual Property including any software.  You shall not, directly or indirectly, attempt to discover or expose the source code underlying any Welspun Intellectual Property.

You shall also refrain from directly or indirectly, and shall take reasonable steps to ensure that any third party does not:

•          hack, deface or otherwise misuse the Site or attempt to gain unauthorized access to any part of the Site or the technology used to create it

•          modify or copy any Welspun Intellectual Property

•          access the website to build a product using similar ideas, features, functions, interface or graphics

•          attempt to gain unauthorized access to Welspun computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website

•          develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the website

•          authorize or encourage or permit any third party to use the website to facilitate any of the foregoing prohibited conduct

On occasion, Welspun provides access from our Site to other web sites that are not under our control. We don't endorse or approve any products or information offered at sites you reach through our Site. These links may include the use of so-called "share links" or similar feature. A "share link" feature is a button and/or text link appearing on our Site that enables the launch of a sharing mechanism whereby you can post links to, and content from, the Site onto social networking web sites such as Facebook. The terms of use of such other web sites govern your use of those sites, including your use of share links or other posting of our content on those web sites. As a result, you are fully responsible for your own use of such web sites including your use of share links to link our site and/or post its content. As such, you agree to defend, indemnify and hold Welspun, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims (including claims that you violated the policies or terms of use of other sites), liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of such web sites or a share link.

Welspun reserves all rights not expressly granted herein.

Online Shopping

Users may purchase our products on this Site. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change. You agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Web Site. Welspun accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Further rules have been provided below for perusal:

  1. Product photos are for illustration purposes only and may not reflect actual product. Product selection and prices may vary from time to time.  Welspun has made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, Welspun cannot guarantee that your monitor's display of any color will be accurate.
  2. All orders shall be pre-approved with an acceptable method of payment as established by Welspun which may call for and require additional verification or information.
  3. The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
  4. After the receipt of payment Welspun shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.
  5. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
  6. Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
  7. Prices for products are described on our Site and are incorporated into these Terms by reference. Prices, products and Services may change at Welspun’s discretion.
  8. Welspun reserves the right to limit quantities on any order.
  9. In a credit card transaction, you must use your own credit card. Welspun will not be liable for any credit card fraud. The liability of fraudulent card use will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Welspun reserves the right to cancel all past, pending and future orders without any liability.
  10. Welspun is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be your responsibility.
  11. Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed with Welspun.
  12. The User agrees to provide authentic and true information. Welspun reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), Welspun shall in its sole discretion reject the registration and bar the User from using the Services available on the Site, and / or other affiliated websites without prior notice.
  13. Welspun will not be responsible for any damage suffered by users from use of the services on this Site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the Vendor. 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.
  14. Partial delivery of product needs to be reported within 24 hours of receipt of the product.
  15. Welspun reserves the right to cancel any order placed using Credit Card which holds International Billing Address.
  16. Welspun reserves the right to cancel any order placed which is not available, out of stock or in short supply.
  17. You agree to receive calls and messages from Welspun and its agents, merchants, courier partners seeking clarification/information regarding your order and any other related information as and when required and disclaim any liability of Times Internet Limited in this regard.
  18. Title and risk of loss for all products ordered by you shall pass on to you upon Welspun's shipment to the shipping carrier.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, graphics, ideas, and other information, submitted or offered to Welspun on or to this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, ”Content”) shall be and remain Welspun's property even if this Agreement is terminated. Such disclosure, submission or offer of any Content shall constitute an assignment to Welspun of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Content. Thus, Welspun will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Content. Welspun is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user submitted Content. You agree that no Content submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.  You shall not post any Content which may be considered fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent.  You shall not post any Content that would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or contain a virus, spyware, malware or other harmful component, contain embedded links, advertising, chain letters or pyramid schemes of any kind and/or constitute or contain false or misleading indications of origin, endorsement or statements of fact.  You are and shall remain solely responsible for any Content you contribute. You agree that Welspun may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Welspun may use your information for marketing and promotional purposes.

Welspun reserves the right, but does not have an obligation, to monitor and/or review all Content, and we are not responsible for any such Content posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any Content that in our sole discretion is objectionable or in violation of these Terms and Conditions, our policies or applicable law. Content submitted to the Site may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. Welspun maintains a policy that provides for the termination in appropriate circumstances of Site use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be penalties for false claims.  Notices and counter-notices for the Site should be sent to:

Via electronic mail at: customerservice@welspunusa.com 

Via regular mail at:   

Welspun USA Inc.

295, Fifth Ave

Suite 1118

New York, NY 10016

 

 With a copy to:

Legal Head, Welspun Global Brands Limited

6th Floor, Welspun House,

Kamala Mills Compound, Senapati Bapat Marg,

Lower Parel (W)

Mumbai - 400013

Maharashtra, India

WELSPUN'S COMMUNICATIONS TO YOU

You agree that Welspun may, but is not obligated to, send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Welspun's products or services, or for such other purpose(s) as Welspun deems appropriate.

CONTENTS/PROMOTIONS 

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.

Privacy Fundamentals for Profile, Transactions and Sharing Data

All your information will be held in our secured servers and will be used by us in strict accordance with our Privacy Policy. However we can use your transaction or profile data by merging it in a larger set of data without any specific references to you as an Individual buyer or seller. This merged data can in turn be used to show appropriate information which we think may be useful to you on the pages you visit. In no case shall we share your contact information with any third party.

Integrity of Intellectual Property

Prohibited Conduct

Any conduct by you that in Welspun’s sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, disparaging, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or Welspun and/or intentionally deceive or mislead any third party.  You alone are responsible for the content and consequences of any of your activities.

 

Enforcement of Legal Obligations

  1. The User acknowledges that “Welspun” may terminate the User’s account and remove the Content and other Network Data, as well as disable the User’s access to any and all Networks at any time for violations of this policy without notice and without any liability to the User. The User is solely responsible and liable for complying with all applicable laws including privacy laws.
  2. The User acknowledges that “Welspun” may terminate the account of any User in accordance with the terms of this policy.
  3. The User acknowledges that “Welspun” also reserves the right to remove, preserve, and disclose any information or Content or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this policy, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of “Welspun”, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

Representations and Warranties

  1. The User represents and warrants to “Welspun” that it is fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth.
  2. The User represents and warrants to “Welspun” that the User shall comply with all applicable local, state, national and international laws, rules, and regulations in connection with the User’s use of the website.
  3. All other representations and warranties, whether express or implied, are explicitly disclaimed by both Parties hereto.
  4. The User warrants and agrees that, while using the Site and the various services and features offered on or through the Site, you shall not:
    • impersonate any person or entity or misrepresent your affiliation with any other person or entity
    • insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes
    • attempt to gain unauthorized access to other computer systems through the Web Site.

Disclaimer of Warranty

The following does not affect our return policy information for which is included with your order.  If for any reason you are not satisfied with a purchase that you make from our Site, please return it.

The Site and Content contained on the Site is provided on an “As Is” basis and without representations or warranties of any kind either express of implied, as to the operation of the Site, the information, content, materials or products including on this Site.  To the fullest extent permissible under applicable law, Welspun disclaims all representations and warranties with respect to this Site or its contents, including without limitation warranties of title, merchantability and fitness for a particular purpose. 

Welspun shall not be responsible for any damages or injury, including but not limited to direct, indirect, incidental, punitive and/or consequential damages that arise from your use of the Site.  These include but are not limited to damages or injury caused by any use or inability to use the Site or any other site to which you hyperlink from our site, fair of performance, error, omission, inaccuracy, interruption, defect, delay in operation or transmission, computer virus or line failure.   Welspun shall not be liable on account of any negligence or if Welspun’s authorized representative has been advised of the possibility of such damages.  This limitation of liability shall not apply in certain states that may not allow Welspun to limit or exclude liability for these “incidental” or “consequential” damages.

The Site may contain typographical errors or other inaccuracies or may not be complete or accurate.  Welspun reserves the rights to correct any errors, inaccuracies or omissions (including after the submission on any order) and to change or update information at any time without prior notice to you including errors, accuracies and omissions related to price and availability. 

Linking to third party web sites

  1. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that “Welspun” have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
  2. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
  3. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site.
  4. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site.
  5. “Welspun” reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.

E-Commerce Transactions on the website

  1. We may make purchase of certain products available to the users of this Site. You may register yourself on the website and purchase the required products.
  2. If you order any products, you hereby represent and warrant that you are 18 years old or older. For processing the payment for purchase of the products or subscription of the magazine, you will be directed to a recognized payment gateway.
  3. Delivery of purchased merchandise is undertaken by third party agencies like courier services and postal services. “Welspun” shall not be held liable with respect to damaged or lost/ misplaced issues or merchandise.
  4. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

Mobile version of the website

“Welspun” hereby declares that the “Terms and Conditions”, “Privacy Policy” and such other additional guidelines, policies or rules which may be posted by “Welspun” from time to time (collectively, the “Guidelines”), are applicable to the mobile version of the website as well unless expressly barred.

Indemnification

You agree to defend, indemnify and hold “Welspun” and its affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. “Welspun” reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with “Welspun” defence of such claim.

Termination / Discontinuation of services / website

These Terms and Conditions constitute an agreement which is effective until terminated by Welspun at any time, without notice. Welspun may terminate your right to use the Site immediately without notice to you if, in Welspun’s sole, you fail to comply with any of these Terms and Conditions. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive the termination of this agreement. These Terms and Conditions constitute the entire agreement between you and Welspun relating to the subject matter addressed herein. Upon any termination of this Agreement by either you or Welspun, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Disputes, Governing Law and Venue

  1. “Welspun” shall not be held responsible for disputes arising out of interactions between members / users.  “Welspun” reserves the right, but has no obligation, to become involved in any way with these disputes.
  2. Unless otherwise specified, the materials in our Site are presented to provide information about Welspun, its products offered for sale and to provide related services and information to visitors.

Welspun is a U.S. corporation, with its corporate headquarters located in New York, New York USA. The Site is intended for use by users located in the United States.  We in no way imply that the materials on our Site are appropriate or available for use outside of the United States. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export laws and regulations. The terms shall be governed by the laws of the United States without regard to its conflict of law principles.

  1. The user agrees to submit to the personal and exclusive jurisdiction of the federal and state courts of New York, New York for the purpose of litigating all such claims or disputes relating to the Site.