IMMa Mattress -Terms & Conditions

Terms and Conditions

What do these Terms cover?

The terms and conditions shown on this page, together with the documents and other webpages referred to on it (collectively, the “Terms”) govern:

Your purchase and our supply of any of the goods (“Products”) listed on our website https://immamattress.com (“our Site”) from time to time; and your access and use of our Site, (Collectively, the “Services”)

Cookies

We employ the use of cookies. By accessing IMMa Mattress, you agreed to use cookies in agreement with the IMMa Mattress’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Why should you read these Terms?

The Terms create a legally binding agreement between you and us that governs your purchase of any Products from us via the Site (your “Order”). You have to confirm that you can enter the agreement outlined these Terms.

By clicking to confirm during the checkout process, you agree that you accept these Terms and promise to us that you have the right, authority, and capacity to enter into these Terms. If you use the Site, but don’t make an Order, you accept these Terms (as they relate to your use of the Site) by accessing or using the Site.

Our Services are for consumers only.

We only supply our Services for non-commercial, non-business, private use by Consumers. By accepting these Terms you promise to us that you are a consumer and not acting in the course of a business.

Information about IMMa and our contact details

Who we are.

“IMMa” is the trading name of Songthip Thai Latex Co.,Ltd, a company registered in Thailand with tax id 0255558000102.

Where we are based.

Our Factory is at 189, Moo 11, Kabinburi, Prachinburi, Thailand 25110

How to contact us.

You can contact us by writing to us at sales@immamattress.com

How we may contact you.

If we have to contact you we may do so by email, post or telephone to the address/phone number you provided when you went through the checkout process on our Site or that is registered on your Account.

Our contract

How our contract is formed.

Our acceptance of an Order occurs when we send you a confirmation email and give you an order number. It is at this point that a contract between you and us will come into existence – as noted above, this contract is governed and conditioned by these Terms.

Accounts

Account Creation.

Although you can go through the order process as a guest, you may choose to register for an account on our Site (“Account”). Registering for an account will allow you to benefit from increased functionality and features. If you choose to register you will have to provide certain information about yourself as prompted by the account registration form.

Accurate and up-to-date Information.

If you do create an Account, all the registration information you submit should be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.

You are responsible for your Account.

You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account.

What to do if you become aware of, or suspect, unauthorized use of your Account.

You should notify us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of its security.

Delivery

Delivery costs.

Standard Thailand delivery of all IMMa Products is included in the prices you see on the Site – there are no hidden costs added at checkout. In some cases you may have the option for faster delivery as set out and for the price as set out at Checkout.

Where does delivery take place?

Delivery of Products takes place at the front door of the property at the address you specified for delivery. This means that if the Products are being delivered to a flat or property with a reception/concierge, delivery shall take place at the front door of this property and not at the door of the specific property within an apartment block. Provided that we deliver the Products to the address you have specified in the order (or any other address agreed by us in writing) then the Products will be deemed to have been delivered and we will not be liable to you for non-delivery of the Products, to the fullest extent permitted by law. We do not have to satisfy ourselves that the person who accepts delivery at the address you have provided is you or is a person authorised by you to accept delivery of the Products.

When you become responsible for the Products.

Any Products in your Order will be your responsibility from the time we deliver them to you in accordance with this section and the Terms generally.

Split shipments

For logistical reasons, IMMa reserves the right to split shipments. This means that if you order multiple Products in one Order, the individual Products may be sent and arrive separately and potentially by different carriers.

When we will provide the Products.

During the order process we will give you an estimated date of delivery for the Products – In some cases this may depend on the delivery option selected. This date is an estimate only, but we will try our best to make sure we meet it. That said, if our supply of the Products is delayed, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.

Collection of Products being returned

We will collect Products you wish to return at no extra cost if you follow the relevant procedures outlined in these Terms and on the Site. However, we will only do so if the Products you want us to return are eligible, only:

If they are within the applicable trial period for the relevant Products (for more information see: Returns, Refunds & Exchanges).

All products will be collected from the front door of the property, it is your responsibility to deliver the Products back to the collection team at the front door of the property. To the fullest extent permitted by law, IMMa will not be liable for any loss of damage caused by getting the Products to the front door of the property.

Price

Our prices on our website are in THB and include all. The price that you will actually pay in respect of any Order will be the amount shown to you at the checkout page. IMMa reserves the right to change the prices shown for the Products at any time.

Payment

Payment can occur by listed means only.

You can pay for your purchase by all means listed from time to time as available on the Site. The account associated with your payment method will be charged at the time the Order is accepted. We are not responsible to you for any losses that you might suffer as a result of trying to pay for an Order by any other means than those offered on the Site.

You authorize us to charge your payment card account.

By submitting an Order and providing us your payment card details at checkout, you fully authorize IMMa to use those payment card details to pay for your Order and that such payment means legally giving access to sufficient funds to cover all costs of the Order. IMMa cannot be held liable for any fraudulent use of the payment method used.

Late payments.

IMMa reserves the right to suspend or cancel any Order and / or delivery if you do not make the necessary any payment to us when it is due – for example, the payment card details you entered at checkout are incorrect or the payment card account they relate to does not have sufficient funds to cover your Order. The delivery of any new Order may be suspended in case of late payment of a previous Order, notwithstanding the provisions hereof.

Payment information encryption.

For information on how we secure your payment information, please read our Privacy Policy

Store your own records.

It is up to you to save and print the certificate of payment if you wants to keep the banking details of your Order – we won’t store these for you.

Product Availability

What happens if a Product in your Order is unavailable?

In case of unavailability of one or more Products after placing the Order, we will notify you by email or telephone. The amount of the Order will be recalculated and you will be charged the new amount, which will be: your original Order value, less the value of the missing Products. If the Order is entirely unavailable, we will notify you by email or telephone and your payment card account will not be charged for that Order (or it will be refunded if it has already been charged).

We are not liable for Product unavailability.

In case of unavailability of Products before or after Order, IMMa will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s).

Product Warranty

Please refer to our Products’ warranties at: https://immamattress.com/imma-mattress-warranty/. Please note that our Products’ warranties are provided at no additional cost and are in addition to the rights given to you by the law.

What happens if a Product in your Order is unavailable?

We are not liable for Product unavailability.

In case of unavailability of Products before or after Order, IMMa will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s).

Product Warranty

Returns, Refunds & Exchanges

The following Products have a Risk-free trial period in case it is mentioned in the product(s) description section on the product(s) page.

– Mattresses and Topper.

If applicable the free return period for each Product is as follows:

Mattress: 100 days

Topper: 30 days

Please refer to the individual product return policy for more details.

In the event that substantial damage has been caused to the product we reserve the right to refuse a refund or exchange.

Within Thailand, if you are returning a mattress during your Risk-free trial period, we arrange free collection.

Any refund you are eligible for will be paid when the collection has been made and our quality control teams have assessed the Products for any damage.

We reserve the right to refuse the 100 night Risk-Free trial to anyone not operating as a consumer or who is otherwise in breach of these Terms. The 100 day Risk-Free trial is intended to give you the opportunity to see if you are happy with the mattress and therefore we ask for feedback on why you have returned a mattress as part of any return. If we have grounds to believe that you are returning the mattress for reasons other than because your genuinely dissatisfied with the product we reserve the right to refuse to accept the return, not give you a refund and reserve the right to refuse to sell IMMa Products to you in the future, either through the Site or otherwise. Please note that this does not affect your legal rights as a consumer, which are summarized below.

Intellectual Property

License.

Subject to these Terms (in particular, the restrictions outlined in the following section), IMMa grants you a license to use and access the Site on the basis that this license is:

Not a commercial license – you can only access and use the Site for your own personal, non-commercial uses (i.e., not for your business);

Non-transferable – you can’t pass this right to someone else;

Non-exclusive – other people can access and use the Site;

Revocable – we have the right to remove your ability to use the Site in accordance with these Terms; and

Limited – the license does not extend beyond what has just been described above.

Restrictions.

The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site and IMMa’s property that is comprised in the Site. In particular, you agree that your use of the Site is subject to the following restrictions:

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;

You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise that as permitted by applicable law for interoperability purposes;

You shall not access the Site in order to build a similar or competitive website, product, or service; and

Except as expressly stated in these Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Ownership.

You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, any content shown on the Site, and on the Products themselves, are owned by IMMa or IMMa’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights in the Services, except for the limited access rights expressly set forth in this section (Intellectual Property). IMMA and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

Copyright/Trademark Information.

Copyright © 2018 Songthip Thai Latex Co.,Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Written communications

Email counts as “in writing”.

When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you: (a) consent to receiving communications from IMMa by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

Our liability

We are not liable for business losses.

We only supply the Products and the Services for domestic and private use. If you use the Products 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.

We are not liable for damage to the interior of your property.

If you request that Products are taken anywhere beyond the inside of your doorstep, then this goes beyond the scope of the Services – such actions are undertaken at your own risk. Any such assistance is provided as a courtesy only and, to the fullest extent permitted by law, we shall not be liable for any damage to fixtures, fittings or the structure of your accommodation (e.g. plasterwork, brickwork) that may occur.

We are not liable for events outside our control.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.

We are not liable where you use the Products outside their intended use.

Should you use the Products in a manner which is not their intended use or, or what would be regarded as their intended use, or in accordance with recommendations then we shall not be liable for any loss suffered. In relation to mattresses, this relates to any loss or damage suffered by not using the mattress on a bed frame.

Summary of your key legal rights

We are under a legal duty to supply products that are in conformity with the contract formed by these Terms – although we offer trials and additional warranties at no extra cost for some of our Products (that we feel are more generous than your basic legal rights) nothing in these terms will affect or limit such rights. If a Product does not come with a trial period or has no additional warranty, your basic legal rights will still apply to that Product.

Respecting to the Consumer Rights, the Products must be as described, fit for purpose and of satisfactory quality. This means that during the expected lifespan of your Product you are entitled to the following:

Up to seven (7) days: if your goods are faulty, then you can get an immediate refund or exchange.

For more information please read our products warranty policy at: https://immamattress.com/imma-mattress-warranty/

More significant changes.

In addition, we may make certain more significant changes to the Services or these Terms, but if we do so and we consider these changes will materially or adversely affect you or your rights, we will notify you of such changes.

The timing of any significant changes.

The Terms that will apply to your purchase of any Products will be those that are in force at the time you place your Order, unless:

Any changes we subsequently make to these Terms or the Services have been required by law or governmental authority (in which case it will apply to orders previously placed by you); or

If we have notified you of a change to the Terms that apply and will materially affect your Order before we send you the delivery confirmation and you have confirmed that you wish to proceed with your Order.

Privacy and security policy

You will be required to provide certain personal information to us as a necessary prerequisite of being able to place an Order. Our policies and procedures relating to your information are outlined in our Privacy Policy,

We will only use your data outlined in our privacy policy.

We shall not be liable where we are unable to perform or delayed in performing our obligations where such inability or delay is due to you not providing personal information required to perform such obligations.

Other Terms & Conditions

Products may vary from their pictures.

IMMa aims to give you the information you need to know the essential characteristics of the Products. IMMa agrees that the photographs of the Products on the Site should be as faithful as is possible to the actual Products themselves. However, given the digital mode of presentation, it is possible that your perception may not exactly match the relevant Product itself.

Headings and Interpretation.

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

We may transfer our rights under these Terms to someone else.

We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

Nobody else has any rights under these Terms.

These Terms are between you and us. No other person shall have any rights to enforce any of its terms.

Dispute resolution.

If you have a dispute with us relating to our products or service offered, in the first instance please contact us at sales@immamattress.com and attempt to resolve the dispute with us informally or contact us at: 0867883335

Discount code and offers

Any prices and offers are correct at the time of the discount codes being published by IMMa through IMMA communications. IMMa cannot take responsibility for discount codes published without permission on third-party websites. Discount codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of publication and are subject to availability. Codes cannot be used in conjunction with other offers and only one code can be used per order.

Invariably on rare occasions our discount codes calculate incorrectly and apply incorrectly to your basket at checkout. Should this happen we shall notify you as soon as we become aware, but in any event prior to your goods being dispatched, and reserve the right to cancel the order. Should this occur you shall be given the option to cancel or amend your order in line with how the discount code should have been correctly applied.

Website Terms & Conditions