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Terms & Conditions

These terms of  use/ user agreement is an electronic document in terms of the Information Technology Act, 2000 read with applicable rules made thereunder, as amended from time to time. This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.sleepbee.in website. This agreement does not require any physical, electronic or digital signature.
The agreement is a legally binding document between a User (defined below) and Platform (defined below). If any terms of this agreement conflict with any other document/electronic record, the terms and conditions of this agreement shall prevail, until further change / modifications are notified by the Platform.

USER AGREEMENT

These terms govern Your use of www.sleepbee.in and all the services and content provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) as applicable to the Website ("Terms of Use"). These Terms of Use shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. Saji Retail Private Limited , a company incorporated under Companies Act, 2013 with its registered office at 36/443, Lal Nivas Panangattukari, Thiruvananthapuram, Kerala, India - 695121 (“we”, “us”, “our” or “Saji Retail”) owns the website www.sleepbee.in (“Website”) (together, “Platform” or “Sleepbee”). Saji Retail owns and operates the services provided through the Platform.  This expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

For the purposes of these Terms of Use, wherever the context so requires “Registered User”, “Visitor” and “You” shall mean any natural or legal person who has agreed to access the Platform by providing Personal Data (as defined in the Privacy Policy) while registering as a registered User or while using the site without being a Registered User. Saji Retail allows the User to surf through Platform after registering on the Platform and Sleepbee reserves the right to restrict the access of non-registered users of the Platform. 

By clicking the "I accept" and "sign in" button, registering for an account or using any of the services you (“you”, “your” or “User”) represent that (1) you have read, understand, and agree to be bound by these terms and conditions, (2) you are of legal age to form a binding contract with Sleepbee, and (3) you have the authority to enter into these Terms of Use personally or on behalf of the company you have named as the user, and to bind that company to the Terms of Use. If you do not agree with these Terms of Use or do not have the authority to agree to them you must not register for an account with us and must not use the services.

The Platform is only a venue where Users may meet and interact with one another for transactions. Platform is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Further, Platform does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or Vendor) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide You necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other Users of the Website (including the Vendors listed on the Website) with respect to any dispute.

AMENDMENT

Sleepbee reserves the right to change the Terms of Use and notices under which the services are offered through the Platform, including but not limited to the charges for the services provided through the Platform. The User shall be responsible for regularly reviewing the Terms of Use.

COMMUNICATION

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and you consent to receive communications via electronic records from our representatives periodically and as and when required. We may communicate with You by email or by such other mode of communication as may be determined by Sleepbee. When You send an email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services

ELIGIBILTY FOR REGISTRATION 

You must be competent to enter into a contract under the Indian Contract Act, 1872 to register, use the Services, or visit or use the Platform in any manner. 


You must be 18 years of age or older to register, use the Services, or visit or use the Platform in any manner. By registering, visiting and using the Platform or accepting this Terms of Use, you represent and warrant to Sleepbee that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to and abide by this Terms of Use.


If you are a minor i.e. under the age of 18 years and wishes to use the Platform it should be in presence or knowledge of a legal guardian. On breach of any provisions of the Indian Contract Act, 1872, Sleepbee reserves the right to suspend or terminate your registration or block you from accessing the services provided by Sleepbee. 

If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this Terms of Use and you have the authority to bind that business entity to this Terms of Use

USER ACCOUNT AND REGISTRATION  

Upon registration, the User shall receive a display name and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the display name and password, and shall be fully responsible for all activities that occur by use of such password or display name. User hereby agree that if the User provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend or terminate or block the User from accessing the Platform in case these Terms of Use are breached but not limited to breach but also extended to any actions may cause legal liability for You, other Registered Users or Platform.

The information entered by the User such as the mobile phone number and/or e-mail address would be considered as the User identification on the Platform. It is further stated that the  responsibility to ensure accuracy and updation of the mobile phone number and/or email address on the Platform at all times is on the User. In case of any change in the aforesaid details, the User agrees to notify or write to promptly to info@sleepbee.in . Upon receipt of such request, the User would be able to change the details through a one-time password (OTP) verification, which will be done by sending a Short Message Service (SMS) or through call.


As a Registered User of www.sleepbee.in, your  details such as the address, email-id, and other details are automatically saved in your specialized  "My Account"  which is only accessible to You. All your orders can be tracked by logging into your  "My Account" using your unique User ID and Password  which is set by You. You  have the option to save the items that you are interested in, by using the "My Wishlist" feature. Further, if e-mail updates are opted by You, then You shall receive by e-mail all updates regarding the new additions to the Website by various Vendors, as well as promotional schemes at regular intervals.


By accepting to these terms, You are agreeing that the Platform shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under User display name especially in cases where You have failed to update revised mobile phone number and/or e-mail address on the Platform or failed to protect the confidentiality of Display Name and Password. 


You hereby confirm that You understand that as You are the original account holder, Platform will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number or any other transaction undertaken by You for using Platform’s services.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to your information.

Role and Responsibility of the User while using the Website

You understand and agree that Platform merely provide services to Registered Users and persons browsing / visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and include third party contents. The Platform contains various kinds of third party user generated content and material. Platform has no control over the third party user generated contents as the Platform neither originates or initiates nor modifies any kind of transmission As a Registered User it is your responsibility to ensure the correctness of the declarations displayed on the Platform in relation to the products.

Platform provide the services on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.

You understand, agree and acknowledge that Platform uses third party service providers to store and process your personal information and other information which You provide to the Platform (as mentioned in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Platform. You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform. You hereby grant us the authorization to use the information provided by You in accordance with the Privacy Policy of the Platform. 

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • You are solely responsible for your Information, and the Platform and the Website act only as a passive conduit for your online distribution and publication of your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
  1. Belongs to another person and to which You do not have any right to; 
  2. Is defamatory obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  3. is harmful to child; 
  4. infringes any patent, trademark, copyright or other proprietary rights; 
  5. violates any law for the time being in force; 
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; 
  7. impersonates another person; 
  8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
  9.  contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; 
  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

You also affirm and agree and not to sell, trade or resell or exploit for any commercial purposes, any portion of the Goods/Services provided by the Vendors. For the removal of doubt, it is clarified that the Platform is not for commercial use but is specifically meant for personal use only.

You, further agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted. You hereby agree that under no circumstances you will make any claim against Sleepbee for breach of contract/agreement by the Vendor or for any deficiency of service by the Vendor.

Please note that in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in case of non-compliance with rules and regulations, Terms of Use and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this Terms of Use or any policy contained herein, in any applicable law or under torts. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. 

Role and Responsibility of the Platform

Sleepbee is only a platform by which Users are able to connect with each other. Platform is not and cannot be a party to or control in any manner any transaction between two Users of the Website.

Saji Retail Private Limited owns the e-commerce marketplace sleepbee.in that provides a Platform for Vendors to offer sleep accessories products to potential buyers in India. We believe in a high level of transparency in all the transactions that happen on the Platform and We follow the highest standard of corporate governance for the benefit of the buyers. The Platform follows the proprietary, automated algorithms which helps in the ranking of the products and their display in the Category Listing Pages as well as on Search Results Pages. The key parameters for ranking are Actual Customer Experience, Product Popularity with Customers, Value Proposition for Customers, etc. The Platform also makes available to Filter options on the basis of Brands, Price, Delivery Timelines etc. There is a periodical review conducted on the performance of the algorithms by the Platform to ensure that the changes made live up to its high standards of Corporate Governance.

Sleepbee is only a platform by which Vendors are able to connect to a larger customer base to offer their services and the Users are able to choose from the products offered by the Vendors. Any contract of services shall be strictly a contract between the Vendor and You which also includes without limitation, the price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Hence, Platform is not liable for any non-performance or breach of any contract entered by You with Vendors.

The Platform also have no control nor determines or advises or in any way involves itself in the offering or acceptance of such contracts between buyers and vendors. Without prejudice to the foregoing, the Platform may provide certain transaction support services to Vendor and buyers of the Website as provided in various rules and policies on the Website.

Platform does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. Platform cannot and does not guarantee, warrant, assure or ensure that the Users will perform, undertake, consume or conclude any transaction concluded on the Website. Sleepbee shall not be held responsible for any disputes arising out of interactions between Users and vendors. In the event of any dispute between the vendor and You, Sleepbee may coordinate with You and the vendor to reach an amicable solution. It hereby made clear that Sleepbee is only a facilitating link between You and the vendor. Sleepbee reserves the right, but has no obligation, to become involved in any way with these disputes and also shall not be liable in any manner whatsoever. Platform is only providing a platform or venue for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the vendor and the buyer. At no time shall any right, title or interest over the items vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.

You understand, agree and acknowledge that the Platform will or might engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".

The Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Vendors for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Therefore, pursuant to the provisions of the Legal Metrology (Packaged Commodities) Amendment Rules, 2017, the responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You. Platform cannot be held responsible for any unsatisfactory or delayed performance of services/goods or damages or delays due to items being out of stock, back ordered or otherwise unavailable. All items are offered for a limited time and only in a first come first serve basis.

The Platform is an online marketplace and an intermediary as defined by applicable laws and facilitates online sale, by third party Vendors and vendors who list their products on www.sleepbee.in. Sleepbee is an intermediary and does not control the products sold on the website, however has the discretion in accordance to the applicable laws to remove content and products from the website if Sleepbee determines in its sole discretion that such products/content are in violation of Sleepbee policies or any applicable laws.

You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of your actions on the Website and specifically waive any claims that you may have in this behalf under any applicable law.

Platform cannot control the information provided by other Users which is made available on the Website. You may find another User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

The function of the Platform is limited to providing access to a communication system over which information made available by You is transmitted or temporarily stored or hosted. The Platform observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf. 

Privacy Policy

All information provided by You will be governed by the terms of the Privacy Policy. The terms of the Privacy Policy form part of this Terms of Use and shall be binding on You at all times.

PAYMENT AND FEES

Platform may from time to time contract with third party payment service providers including payment gateways, banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between Users i.e. buyers and vendors and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, wallets, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

Membership and browsing on the Website is free. As per the applicable foreign exchange laws, E-commerce marketplace may provide support services to vendors in respect of warehousing, logistics, order fulfilment, payment collection and other services. 

Accordingly, the Platform will or may engage through various third party service providers in order to provide the fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page. 

You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

You may have positive funds in your account if you have prepaid for fees or charges for services/goods to be provided to you via the Platform. Funds in your Account are held by us in our operating accounts. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's accounts. 

You are not entitled to any interest or other earnings for funds that are in your Account. We reserve the right to collect any funds owed to us by any other legal means. You acknowledge and agree that the funds shown in your Account represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of a Service or an Event through the Platform. 

You also affirm that funds may only be loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Platform to pay for, or receive funds in respect of services and or events;

In case of any dispute arising between you and the service provider, send an email with the relevant account details to info@sleepbee.in and will process a refund within a period of 7 days from the date of the transaction. Do note that Sleepbee is not liable in any manner whatsoever for any issue that arises between you and the service provider and Sleepbee reserves the right but has no obligation, to become involved in any way with these disputes.

BREACH

Without limiting other rights and remedies, Platform may, at any time, in its sole discretion, limit your activity, immediately remove your information or buys, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event not limited to breach of Terms of Use or any other policy of Sleepbee or the applicable laws.

Platform reserves the right to recover any amounts due and owing by You to the Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

SELLING

As per the applicable laws, You must be legally able to sell the item(s) that has been listed  for sale on the Platform. It is your responsibility to ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Text descriptions, graphics and pictures are included under Listings for describing your item(s) for sale. All listed items must be listed in an appropriate category on the Website. For successful fulfilment of sales all the listed items must be kept in stock. You should ensure that the listing description must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, You agree to refund  the amount that is received by You from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner. You shall inform the Platform at the time of listing your product and subsequent to the listing, of all the declarations as required under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009 to be displayed on the website and ensure that the declarations on the package of the product are duly complied with and regularly updated, as and when, there is a change therein.

There are two models that a Vendor can choose from: multi-vendor’s model and inventory model. You can sell the following items on Sleepbee: Mattresses, Beds, Pillows, Bedsheets, Bedcovers/mattress protectors, Blanket, Comforters, Toppers, Eye mask, Neck pillow and other sleep accessories. For the vendors who have opted the inventory model, Sleepbee will be in charge of the shipping whereas the vendors who are following the multi-vendor model can either ship the products directly to the customer or can avail our shipping services. No charge is levied for listing your products on Sleepbee. Once You are finished with the vendor registration process, You have to mail us at vendor.support@sleepbee.in with the product list along with product picture. Our executive will get in touch with you after the review process. Sleepbee’s order management system will send you an email on your registered email id, twice in a day whenever an order is placed by a user. You can check the order details and manage your orders from your merchant dashboard.

VENDOR’S REGISTRATION

To create a Vendor’s Account, You need to provide the necessary details of the organization such as the name, address, contact, email address and mobile number and password. The system will verify the mobile number by sending an OTP.  Read the service agreement policy and if you agree with the policies then click accept. Once, You click accept, You will receive an email which will contain a link. Click on that link and provide the bank details of the organization and you have completed your registration. You are now a registered vendor on Sleepbee. Sleepbee’s executive will contact You to provide with further information. For any vendor related requires you can email to merchant.support@sleepbee.in

Do note that to start selling through the Platform, you need to have the following: PAN Card (Personal PAN for business type proprietorship and personal & business PAN for business type as company.), VAT/TIN Number, An active bank account and supporting KYC documents (address proof and a cancelled cheque. You will be also required to complete the KYC process using any of these documents;  TIN/VAT (TIN should be same as business name), CST, PAN Card or Cancelled cheque with organisation name, mandatorily upon the successful completion of either your total business sales on Sleepbee is equal to or greater than ₹ 30,000 (Rupees Thirty Thousand only), calculated from the day of your registration; or if You have completed a time period of two months as an active vendor on Sleepbee. If you fail to meet this requirement, your next remittances will be frozen, until the documents are submitted by you and verified by us.  Also, in order to sell on Sleepbee you need to provide your VAT/CST number after registration unless as a vendor You are selling only VAT exempted categories. In case, you do not have a landline number kindly provide your mobile number instead. Further details regarding the terms and conditions applicable to the vendors is available on the merchant services agreement.

CANCELLATION, REFUND AND RETURN

An order or a part of your order can be cancelled by the User before 24 (twenty four) hours of the order confirmation or before shipping of the order whichever is earlier. If the cancellation is after the order has been shipped or after 24 (twenty four) hours then the User will be charged 5% (five percent) of the price of the product. 

Cancellation of the orders can be done from the User Account under tab ‘My orders’. Select the item You want to cancel and click ‘cancel item’ and the order will be cancelled.

Once the order is cancelled and the product reaches Sleepbee the refund process will be initiated. The refund will be made either to your Account using the same payment mode used by You (Credit Card, Debit Card, Net Banking, Digital Wallets or UPI Account) or to your Wallet based on your choice. The refund will be reflected in your account within 5 (five) to 7 (seven) working days. There can be changes depending on the Terms of Use of the financial service provider and time at which return is initiated or due to any other external factors. 

A product can be returned within 10 (ten) days of delivery provided if any of the following conditions are met: 

  1. If the product was already damaged when delivered to You is damaged and You can also claim for refund.
  2. If a defective product is delivered to You. A ‘defect’ means any flaw that has occurred in the manufacturing process and it does not allow the product to perform its intended function. The natural characteristics of the materials used for making the product are not considered to be defect. 
  3. If the product delivered to You is different in look or size as seen in the website.
  4. If the product delivered to You does not have all the required parts to make the product functional.

An item is not eligible for return if the product suffers from any stains, scratches or any other damages after the product was delivered to You. Also, no return requests will be entertained after 10 days. 

Any return request has to be accompanied by 4 (four) clear photos ( less than 5mb) of the product. The photos should show the damaged part and the product as a whole ( 2 (two) pictures focussed on the damaged part and 2 (two) pictures showing the product as a whole).

Return of the orders can be done from the User Account under tab ‘My orders’. Select the item You want to return and click ‘return item’. Provide the reason for return along with the photos and click ‘Submit’. A return request has been generated.

After receiving the return request,  Sleepbee will evaluate the request with the help of the Vendor. A technician visit might be scheduled if required. Final evaluation will be made based on the technician’s report. You are instructed to maintain the original packaging of the product, along with user manual, warranty slip and other accessories to ensure a successful and hassle-free pick-up. On approval of the return request, the product will be picked within 72 (seventy-two) hours.

You are entitled to the return, replacement or repair of any products that comes under warranty which are offered by the Vendors on Sleepbee. Warranty will only cover manufacturing defects that may arise during the warranty period of the product. Warranty won’t cover the abuse of product, stain, fabric damage and natural wear and tear. We would not be responsible for any changes in the warranty conditions by the Vendors. We suggest that you look up the product warranty details on your warranty card along with the products for exact details.

INTELLECTUAL PROPERY RIGHT

All right, title and interest in usage of the terms “Sleepbee” and www.sleepbee.in including but not limited to all texts, graphics, logos, page headers, button icons, scripts, service names user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us and protected under Trademarks Act, 1999. Use of the Platform and the services offered on or through the Platform, 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 the Platform or use of them for any other purpose will violate our intellectual property rights.

The Platform and all of its content are copyrighted materials, protected by Indian and international intellectual property laws. All content contained on the Platform are the exclusive intellectual property of their respective owners, licensors and/or Sleepbee. If you believe that your rights have been infringed you may contact us at info@sleepbee.in. Any attempt to make copies in any National, Regional and / or International language for any other uses by any party, any attempt to publish the same elsewhere or disseminate the same by any person or any organisation without the specific and written permission of the intellectual property holder will amount to a violation under Indian intellectual property laws and legal proceedings against the person(s) will be initiated in the Indian Courts of law. Therefore, the content may not be used for any purpose other than browsing and using the services and information provided for your own private use. Your use of the Platform does not grant you ownership of any content, code, data or materials you may access on or through the Platform.

Additionally, the names and logos of Sleepbee are trademarks and/or service marks of Saji Retail Pvt Ltd. Sleepbee’s trademarks and service marks may not be used by any other party without express written permission. To the extent that we include certain trademarks owned by vendors on our Platform, these trademarks are property of their respective owners.

By accepting the use of terms hereunder you agree that Saji Retail Pvt Ltd. does not transfer/assign the title to the Platform to you, and nothing in these Terms of Use shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Us, We retain the full and complete right, title and interest to the Platform, and all intellectual property, title and interest to the Platform, and all intellectual rights therein.

LIMITATION OF LIABILITY

Sleepbee has endeavoured to ensure that all the information on the Platform is correct, but Sleepbee neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Sleepbee makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services/goods, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential or otherwise, to any user or any other person, arising out of or from the use of the information contained in the Platform.

Since Sleepbee acts only as a e-marketplace, it shall not have any liability whatsoever for any aspect of the arrangements between the Users and customers as regards the standards of services provided by the Users. In no circumstances shall Sleepbee be liable for the services provided by the Users.

Although Sleepbee makes reasonable commercial efforts to ensure that the description and content in the Terms of Use and on the Platform is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, Sleepbee is not the vendor and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the vendors. 

In no event shall Sleepbee (and our directors, officers, employees, agents or other representatives) be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services/goods; (b) the cost of procurement of services/goods or resulting from any information or services/goods purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform. Neither shall Sleepbee (and our directors, officers, employees, agents or other representatives) be responsible for the delay or inability to use the Platform or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Sleepbee shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Sleepbee's control. 

Sleepbee and its licensors, affiliates, suppliers, or vendors, and their respective officers, directors, employees, agents, or other representatives shall not be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Sleepbee has been advised of the possibility of damage, arising out of or in connection with the use or performance of the Platform or of failure to provide products or services that you order from Sleepbee or its affiliates, including without limitation, damages arising from error, omission, virus, delay, or interruption of service. 

In addition to any limitation of liability and various disclaimers provided elsewhere in this Terms of Use, Platform's entire liability and your sole and exclusive remedy in any circumstance is limited to the following:

If You are a vendor on the Platform: an amount of Platform Fees, if any, paid by You as vendor on the Website to Platform for the transaction is under dispute. 

If You are a buyer: the Platform's entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable You to get the refund of the product price from the vendor on the Website. Other than where the Platform expressly agrees to indemnify or be liable, the Platform shall have no liability to You.

 

INDEMNITY

You agree that you shall indemnify, defend and hold harmless Sleepbee and all parties from whom Sleepbee has licensed portions of content on the Platform, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to: (i) your breach of these Terms of Use; (ii) your use of, or inability to use, the Platform or the services; (iii) any action taken by Sleepbee as part of its investigation of a suspected violation of these Terms of Use; (iv) your violation of any third party intellectual property or other rights in relation to your use of the Platform or the services; or (v) any suit, claim, or demand arising from or relating to the Customer content. 

Sleepbee reserves the right, subject to indemnification by you, to assume the exclusive defence and control of any matter initially subject to the defence, indemnification and hold harmless obligations by you hereunder and you shall not in any event settle any matter without the prior written consent of Sleepbee. You agree that the provisions in this section will survive any termination of your account, these Terms of Use or your access to the Platform and/or services.

GOVERNING LAW

This Terms of Use and all the rules and policies contained herein and any of your usage of Website and your dealings with Platform shall be governed and construed in accordance with the laws of India.

Platform shall not be held responsible for any disputes arising out of interactions between Users and vendors. However, at the discretion of the Platform, it may become involved in any way with these disputes. However, the same shall not amount to the Platform being liable in any manner whatsoever. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.


In case of a grievance with the services/ Website of the Platform, you can either raise a dispute with our Grievance Officer by sending an email to grievanceofficer@sleepbee.in or calling and get in touch with Customer Support on +91 9778403031.


The User agrees to submit to the personal and exclusive jurisdiction of the courts of Trivandrum, Kerala, India for the purpose of litigating all such claims or disputes.

E – COUPONS

The Terms of Use laid down here shall be applicable on all the E- Coupons used across the Platform and shall be read together with other policies as stated on the Platform and as applicable from time to time. You shall be deemed to have read the Terms of Use before using the E-Coupons.

Any offer (“E-Coupon”) contained in any electronic communication, or any communication that may be displayed on the Website, is made by vendors registered on the Platform, and not by the Platform itself. The offers provided to the customer by the vendors can be availed by way of utilization of E-Coupons. The nature of the offer can vary from discount to cashback and/or any other form or manner as maybe agreed between the platform and the vendor. Briefly, the features include the following:

  • Only Registered Users are allowed to order to use and avail the benefits of the E – Coupons. Orders without logged-in status maybe cancelled.
  • The offers/E-Coupons/Sleepbee Promotions are valid only for genuine customers who have received direct communication, in any form or manner, of such offer/E-Coupon/ Sleepbee Promotion.
  • One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized/underutilized value of the E-Coupon shall be forfeited, and the User cannot claim any benefit or substitute an E-Coupon in lieu of the same. 
  • The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.
  • An E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. 
  • E-Coupons cannot be combined with any other coupons or any other offer or promotion except Sleepbee Credits.

Registered Users who are prohibited from using E-Coupons due to statutory obligations shall not be offered E-Coupons. The E-Coupon is a privilege provided to Registered Users by the vendors on the Platform and is not a right or claim against Platform. Platform reserves the right to cancel an E-Coupon, in case a Registered User is found to be in violation of the Terms of Use.

The E-Coupon value and the mode of using E-Coupons will be specifically as mentioned in the electronic communication sent to You or displayed on the Website.

E-Coupons can be redeemed only on purchases made through the Platform on the items that have an option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of payment by Platform pursuant to the Platform’s risk containment measures. E-Coupons cannot be used to buy any item which is illegal or prohibited by the Terms of Use.

The Platform may offer various discounts / incentives to the customers on select products for a select period, together with any discount that maybe offered by the vendors listed on the Platform. The gross discount offered by the Platform to the customer shall be subject to various costs including administration costs, platform costs, tax costs, etc. Since this discount is offered by the platform on select products and for a specific time, the associated business and operational costs are recovered from the customer. The customer understands and agrees to such costs and accepts discount net of such costs.

In order to ensure transparency, the Platform shall display the gross discount available and any reductions thereto to arrive at the net discount (the best offer price made available for the selected products to the customer) availed by the customers/ Users.

Sleepbee reserves the right, at its sole discretion, at any time to:

  • levy/charge fees on the processing of the E-Coupons and/or provision of the Sleepbee Credits and/or utilization of the Sleepbee Credits, 
  • vary/change/extend/withdraw any E-Coupons and/or Sleepbee Promotions and/or offers provided thereunder, without prior intimation or communication.
  • cancel any orders placed by Registered Users using an E-Coupon, which is not directly communicated to the customer in any form or manner.
  • decide whether a customer is/was eligible to use an E-Coupon or not for the order placed. An E- coupons can be used by a customer only once. Offer will not be applicable on certain items and Gift Cards.
  • exclude certain items from the Offers/E-Coupons/Sleepbee Promotions offer, without prior intimation or communication. 
  • cancel any order where it suspects the misuse of E - Coupons by using unlawful, unethical means, incorrect user information/details, duplicate emails, mobile numbers or addresses. 

The decision of Sleepbee will be final and binding in the above respects.

Under no circumstances shall Platform’s liability exceed to giving the User a replacement E-Coupon of the same nature and of the same value. The Platform is not responsible for any typographical error leading to an invalid coupon. Platform does not guarantee that any one or more listings on the Website or the desired listings of the Users would have E-Coupon as the payment option. Platform is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupons, nor is the Platform is warranting or endorsing any product or services listed on the Website, nor warranting or verifying or guaranteeing the performance or conduct of any Vendor or of any third party. Platform shall not be liable for any lost or stolen E-Coupons and E-Coupons once issued shall not be reissued. Platform makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons.

SLEEPBEE CREDITS

Sleepbee credits is a cashback scheme where the Registered User get a part of the purchase value back as credits. The Sleepbee Credits is  subject to different terms and conditions which are in line with the terms and conditions of  any Offers or Promotions that the Platform might offer from time to time. The credits can only be used in subsequent purchases on the Platform and  can be used in conjunction with other coupons also.  All credits are non-refundable, non-transferable, non – negotiable and are subject to expiry. Upon expiry, the credits become invalid and cannot be refunded. Any Credits used  in orders cannot be refunded. Sleepbee reserves the right and has the sole discretion, to extend or reduce the validity of Sleepbee credits at any point of time without prior intimation or communication.  Sleepbee Credits are only available on Confirmed Orders. Sleepbee reserves the right, at its sole discretion, at any time to cancel any or all Sleepbee credits already provided on Confirmed Orders, without prior intimation or communication.

SLEEPBEE GIFT CARDS

Sleepbee Gift Cards, if applicable, will be governed by the terms and conditions relating to the Sleepbee Gift card. Please refer the [insert link]. 

FEEDBACK

Any complaints, comments, suggestions, proposals or other feedback provided to us in connection with the operation or content of this Platform shall be provided by the submitter and received by us on a non-confidential basis. You represent and warrant that You have all rights necessary to submit the comments, suggestions, proposals or other feedback. All such comments, suggestions, and other information shall become our exclusive property. By submitting any such information to us, You agree that You are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that we shall be free to use such information on an unrestricted basis.

NO AGENCY

No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Terms and Services, the provision of the account, or the provision of any of the products or services.

NO WAIVER

Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights. No waiver or acquiescence by us related to any breach of these Terms of Use is valid except if given in writing.  Any such waiver or acquiescence shall not constitute a consent to or waiver of or excuse for any other different or subsequent breach or act unless such waiver or consent is in writing signed by us.

REMEDIES

No remedy conferred upon or reserved in our favour under these Terms of Use will exclude any other remedy so conferred or reserved or existing at law or in equity but each will be cumulative and in addition to every other remedy given under these Terms of Use or existing at law or in equity.

FORCE MAJEURE

The Platform is not liable for failure to perform any of its obligations if such failure is as a result of Act of God (including fire, flood, earthquake, storm, hurricane, pandemic or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, epidemic, pandemic, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

SEVERABILITY

If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use.

ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.

In Platform's sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide you with an advance intimation of any such acts.

 

 

NOTICES 

All notices shall be in writing and in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address at: grievanceofficer@sleepbee.in or at Lal Nivas Panangattukari, Thiruvananthapuram, Kerala, India - 695121

Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party that the email address is invalid.

Legal notices from Sleepbee will be served or to the email address You have provided during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give You legal notice by mail to the address provided by You during the registration process. In such case, notice will be deemed given three days after the date of mailing.

GRIEVANCE OFFICER

In accordance with Information Technology Act, 2000 and rules made there under and the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and the contact details of the Grievance Officer are provided below:

However, for any product or services related complaint or query, please contact Customer Care. To register your complaint or query, please write to grievanceofficer@sleepbee.in or call at 9778403031 

CONTACTING US

To contact us about these Terms and Conditions, about our services, You may write to us to the notice details provided above or through email or phone.


Last Updated Date: 16/11/2021