Terms of Sale

TERMS AND CONDITIONS:

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Terms of Sale - TERMS AND CONDITIONS Continued....

1. DEFINITIONS AND SCOPE OF USE.

• "Product" refers to the retail package consisting of the washable outer fabric apron garment and the specialized, detachable inner passive heat-resistant liner/layer.
• Strictly Domestic Restriction: This Product is innovation and sold solely for ordinary, light-duty household culinary activities, domestic baking, and residential home kitchens.
• Absolute Commercial Ban: Any use of this Product in commercial kitchens, restaurants, bakeries, cloud kitchens, industrial catering operations, open-fire barbecuing, heavy-duty welding, or manufacturing environments is strictly prohibited.
• Immediate Voiding: Any commercial, industrial, or non-residential use instantly voids the limited warranty and completely immunizes the Manufacturer from any liability, injury claims, or statutory penalties.

2. CORE OPERATIONAL DEPENDENCIES & TECHNICAL LIMITATIONS

The Consumer explicitly acknowledges and agrees that the Product does not provide absolute or infinite heat resistant and the following. The Product is a passive fabric assembly whose performance is variable and contingent upon an interlocking matrix of external, dynamic factors. The heat resistance efficiency is limited, and adapts to:

• Normal Temperature Thresholds: The Product is safely rated only for standard domestic kitchen heat levels (e.g., handling warm residential cookware, and proximity to standard domestic stovetops). It is not rated for open wood-fires, industrial kilns, or molten metals.
• The Micro-Climate & Place: The localized kitchen environment, including ventilation, proximity to open gas flames, ambient room temperature, and kitchen humidity levels.
• Global Climate Conditions: Regional atmospheric conditions, seasonal weather shifts, and ambient air moisture content that influence fabric material contraction or expansion.
• External Material Degradation: The accumulated presence of external kitchen contaminants, including but not limited to cooking grease, volatile organic compounds (VOCs), organic oils, boiling water spills, condensation, and chemical residues etc.

3. ABSOLUTE EXCLUSION OF LIABILITY AND RISK ASSUMPTION

The Manufacturer, its owner, employees, and distributors shall not be held liable for any legal trials, lawsuits, criminal prosecutions, civil penalties, fines, or punishments arising from product performance failure due to fluctuations in any environmental or human variables, any other factors.

• Assumption of General Culinary Risk: The Consumer explicitly acknowledges that cooking near heat sources involves inherent dangers. The User assumes all personal and financial risks associated with handling hot surfaces, boiling liquids, or open gas flames.
• No Steam/Liquid Protection: WET OR DAMP FABRIC TRANSFERS HEAT RAPIDLY. If the apron or the detachable liner comes into contact with any liquid (water, boiling steam, condensation, sauces, or hot oils, any other element), the heat resistant capability is completely compromised. The Manufacturer is entirely absolved of liability for steam burns, scalding, or blistering if the User continues to wear and stand close to the stove heat and a damp, wet, or grease-saturated apron, etc.
• Limitation of Damages: Under no circumstances shall the Manufacturer be liable for direct, indirect, incidental, punitive, special, exemplary, or consequential damages (including, without limitation, personal injury, medical bills, skin graft expenses, loss of income, property damage, or emotional distress) resulting from the use, misuse, or inability to use this Product.
• Absolute Financial Cap: In any scenario where a court of competent jurisdiction finds the Manufacturer liable despite these terms, the Manufacturer’s total aggregate liability shall be strictly capped at the exact purchase price actually paid by the Consumer for the specific unit of the Product.

4. LIMITED WARRANTY & WARRANTY VOIDS

warranty is automatically voided if the Product shows evidence of:

• Care negligence, including machine washing, submerging, wringing, bleaching, or ironing the detachable thermal liner.
• Mechanical damage, including cuts, punctures, alterations, or tears caused by knives, scissors, or rough handling.
• Structural failures arising from grease/oil saturation on either layer.

5. DETACHMENT, GENTLE WASHING, AND REASSEMBLY PROTOCOL

The functional integrity of the Product relies entirely on strict adherence to this cleaning protocol. Deviating from these instructions constitutes gross consumer negligence:

• Mandatory Separation: The Consumer must completely detach and remove the inner heat resistant layer from the outer fabric apron garment prior to any cleaning activity.
• Outer Apron Care: The outer fabric garment must be washed using a gentle cycle, cold water, and mild detergent.
• Detachable Liner Prohibitions: The detachable thermal liner must not be machine washed, submerged in water, dry cleaned, chemically bleached, or subjected to direct ironing. It may only be wiped down gently with a lightly damp microfiber cloth if absolutely necessary, and must be completely air-dried away from heat and sunlight.
• Assembly Verification: Following cleaning and complete air-drying, it is the sole responsibility of the Consumer to properly, securely, and squarely reattach the thermal liner to the outer garment in its correct technical orientation. The Manufacturer is fully absolved of liability for injuries resulting from utilizing the apron with or without the thermal layer missing, inverted, or misaligned.

6. MANDATORY CONDITIONS FOR RETURNS AND CLAIMS

No return or refund, or warranty replacement request will not be approved due to Hygiene of the Product that can not be sold to other or refund due to sale is based on the offer or discount. Unless the item meets the exact physical criteria during an internal audit. Returns are approved strictly based on condition. Refer Return and Refund conditions for related details in full.

• The Inspection Gate: Upon receiving a claim, the Manufacturer reserves the right to subject the unit to a physical warehouse audit (including tactile, watermark, and shrinkage verification).
• Automatic Rejection: If the warehouse audit reveals that the detachable thermal liner has been submerged, washed, ironed, or exposed to sun damage, or if the outer apron exhibits cooking grease stains and food odours, the claim will be instantly rejected.
• Logistics Indemnity: Rejected items will not be refunded or replaced.
• Hygiene & Personal Care: Heat Resistant Apron cannot be repackaged or resold once opened or used.
• · Health & Safety: Due to safe measures Heat Resistant Apron can not be exchanged or returned.

7. LEGAL JURISDICTION, INDEMNITY, AND TRIAL IMMUNITY

• Exclusive Territorial Jurisdiction: Any legal notices, consumer forum disputes, arbitration proceedings, or lawsuits arising out of or relating to this Product shall be filed strictly and exclusively in the courts of Chennai, Tamil Nadu, India. The Consumer explicitly waives any right to initiate legal proceedings in any other jurisdiction or territorial court.
• Severability: If any provision or sub-clause of these Terms and Conditions is found by a competent court to be invalid, unlawful, or unenforceable, that specific provision shall be severed, and the remaining clauses shall continue in full force and effect.
• Indemnification: The Consumer agrees to defend, indemnify, and hold harmless the Manufacturer from any third-party claims, liabilities, or losses (including legal fees) resulting from the Consumer's negligent operation, improper washing, or unauthorized lending of the Product to uninstructed users.

8. Intellectual Property

All trademarks, logos, copyrights, patents, industrial designs, software components, and proprietary packaging associated with the Products remain the sole and exclusive property of the Everest India.in & Everest Group or related concern.

• Purchasing a Product grants you a limited, non-transferable, personal license to use the item for its intended purpose.
• You are strictly prohibited from reverse-engineering, decompiling, copying, or commercially exploiting the Product without express written consent from the Everest India.in / Everest Group. Disclaimer - This Product is heat resistant to certain level.