English
1.Introduction: –
1.1. Welcome to www.funiture4kids.in terms and conditions of use. These Terms and Conditions apply to your use of this website at www.funiture4kids.in (hereafter referred to as “the website”). You agree to accept and be bound by these terms and conditions by accessing the website and/or placing an order of purchase of furniture. Regardless of whether or not you choose to register with us or place an order with us, you confirm your acceptance of these terms and conditions upon use of the website.
1.2. You can access most of the pages of the website without registering your details with us. Certain areas of the website are only open to you if you register.
1.3. Please read and familiarize yourself with these terms and conditions and if you do not accept them, please do not use the website.
1.4. Prices Struck off are market perceived prices and have no relevance to the price at which Housefull sell their products.
1.5. NOTE: This document constitutes an “electronic record” under the provisions of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. Your Obligations
2.1. In these Terms and Conditions, and in the context of a registered user or where the context so requires, the term ‘You’ shall mean any natural or legal person who has agreed to become a member of the website by providing Registration Data while registering on the Website using the computer systems of the Website; has accepted the terms and conditions contained in this electronic record and has allocated himself a unique identification user name or “User ID” and “Password”.
2.2. You accept that www.funiture4kids.in has the right to amend these terms and conditions at any time without prior notice to you and consequently you agree to review these terms and conditions periodically and/or prior to each online purchase of furniture. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the website which will override these terms and conditions to that extent only. In that event, the other terms and conditions herein shall remain in full force. If you do not wish to accept any such expressly designated legal notices and conditions, you should not continue to use the website.
2.3. You agree that in no event shall www.funiture4kids.in be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the website or for the delay or inability to use the website, or for any information, products, and services obtained through the website, or otherwise arising out of the use of the website, whether based on contract or strict liability or any other law or otherwise.
3. Registration & Other Obligations
3.1. As a new Registered User, these Terms and Conditions shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in filling your registration data and clicking on the ‘continue’ button as provided on the registration page. If you do not accept these terms and conditions, do not fill up your registration data or click “continue” on the Registration page.
3.2. You recognize that your Registered Data is for the purpose of processing your online purchase order and for providing ancillary services or products that may be offered by www.funiture4kids.in from time to time. You authorize www.funiture4kids.in to retain such data and to transmit the data to its various outlets/offices or to parties (whoever is/are contracted with Funiture4kids) which provide such services or products, in whichever country they may be located. You acknowledge that Funiture4kids and/or its chosen partners may contact you via email or other means for your order or changes or alterations to the order or for promotional purposes.
3.3. You are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password.
3.4. You agree to provide accurate, true and complete updated information of yourself as requested for by www.funiture4kids.in at the time of registration and/or from time to time. Should you provide any data or information whichwww.funiture4kids.in has reason to believe to be false, inaccurate or incomplete, www.funiture4kids.in shall have the right to terminate or suspend your account/membership and deny you access to the website.
3.5. In using the website, you agree that you will not:
3.5.1. omit, delete, forge or misrepresent information.
3.5.2. impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
3.5.3. engage in any activities intended to withhold or cloak identity or contact information;
3.5.4. send harassing and/or threatening messages to www.funiture4kids.in;
3.5.5. post excessive responses to interactive features or functions of this Site or
3.5.6. engage in ‘flooding’, i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the Housefull email address)
3.6. You agree that you are responsible for your own communication and that you will not post, disseminate or transmit any content that:
3.6.1. infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party material which is the subject matter of copyright, without appropriate permission and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality;
3.6.2. you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or
3.6.3. contains personally identifiable information belonging to minors.
3.6.4. posts, disseminates or transmits any worm, viruses or other harmful, disruptive or destructive files, code or programs on the website;
3.6.5. attempt to penetrate security measures of the web site, service or obtain or bypass others passwords;
4. Eligibility
4.1. You shall use the website only if you are competent to enter into a legally binding contract under the provisions of the Indian Contract Act, 1872. If you are a minor and if you wish to purchase furniture through the Website, you may do so through your legal guardian or parents who have registered themselves as Registered Users of the website. www.funiture4kids.in reserves the right to terminate your membership without assigning any reasons.
5. Your Online Order/Payment
5.1. You accept that upon ordering furniture online from the website you are deemed to have placed an order with Housefull for purchase of the specified furniture. You recognize that you can purchase furniture through the website only through your membership account and all online payments will be accepted only through valid and authorized credit/debit cards/net banking. The website secure server software (SSL) technology will encrypt all registered data, including your name, address, credit/charge/debit card (“Card”) details and telephone numbers and ensure 100% safety in the online transactions you make on the website.
5.2. During the process of purchase on the website, you will be appropriately guided through various stages from choosing your furniture to confirmation of your payment and furniture item. A Market Perceive Price/Offer Price (MPP) and location wise delivery charges are displayed in relation to each piece of furniture on the website and is inclusive of all applicable taxes at the current rates and is correct at the time of entering the information into the system.
5.3. www.funiture4kids.in reserves the right to refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. www.funiture4kids.in shall not be liable to you or any third party by reason of it withdrawing any furniture from the website whether or not that furniture has been sold.
6. Delivery
6.1. Once you have made a valid online purchase of furniture from the website and upon receipt of the payment in relation to product price and location wise delivery charges, www.funiture4kids.in will thereafter transmit a confirmation email to your registered email address informing you of the scheduled date of delivery of your furniture.
6.2. www.funiture4kids.in will deliver your purchased furniture to your place. The product shall be delivered within the time specified on our website for selected product. If your premises are located within a gated and/or high rise complex, then you agree to make available adequate arrangements for smooth carriage by the carrier at your owned cost and consequences from such main gate of the complex to your doorstep irrespective of the floor of your complex. You agree to ensure that access is suitable for the delivery of the furniture at your desired location. www.funiture4kids.in will not accept cancellation/rejection of the product purchased by you, at the time of delivery on the ground that access to your desired location is not possible (e.g. doorway too small, insufficient space to maneuver the furniture through the premises, road inaccessible to delivery van, etc.), subject to your general right of cancellation under the cancellation clause. Before ordering, you are under an obligation to ensure that there is adequate space to take your purchased furniture through any doorways and windows of your premises, taking note of any restricted passageways, stairs and awkward turns.
6.3. www.funiture4kids.in will make every effort to carry out deliveries on the given date. The delivery date given to you is an estimate given in good faith. If www.funiture4kids.in finds subsequently that the estimate is inaccurate, www.funiture4kids.in will endeavor to inform you using the registered contact numbers and/or email address from your registered data.
6.4. If your purchased furniture remains at www.funiture4kids.in‘s warehouse for more than one week during which time you fail to accept delivery after confirmation (despite www.funiture4kids.in having contacted you to do so), www.funiture4kids.in reserves the right to claim charges including levies incurred by www.funiture4kids.in prior to delivery/re-delivery of the product.
6.5. All purchases of furniture by you from the website are made pursuant to a shipment contract. You agree that the title to such purchased goods shall pass on to you once the goods are delivered by www.funiture4kids.in to the carrier for delivery to your doorstep. You agree that the carrier of the purchased goods to your premises shall be your agent.
7. Furniture Measurements & Instructions
7.1. All furniture will be delivered in standard Cardboard/Plywood cartons. The carton containing the furniture delivered to you will be appropriately marked in accordance with the requirements of appropriate laws for the time being in force.
8. Short Delivery, Defective Goods Or Damaged Goods
8.1. At the time of delivery, you should carry out a visual inspection of the furniture before signing to declare that you have received your goods in good condition. To protect your interest, any claim made by you concerning short delivery and/or damaged and/or defective furniture found on delivery, or concerning damaged or defective goods found at a later date, but not later than seven days from the date of delivery, must be notified to the customer care department of www.funiture4kids.in by e-mail at [email protected] or by phone on +91 22 26287319 / +91 22 26289742. www.funiture4kids.in does not accept any claims for damage caused by you at any time.
8.2. www.funiture4kids.in does not warrant to cover the effects of normal wear and tear, or damage caused by accident, movement, abuse or neglect of the purchased furniture within your premises.
9. Warrantee limited to Manufacturing defects
9.1. You shall be availed with the one-year warrantee on selected products limited to manufacturing defect found after signing and declaration of the products received in good condition. Limited warrantee covers rectification of the damaged products in terms of replacement or repairs of the damaged part of the product within the period of 30 days from receipt of the intimation through email or phone mentioned herein. Warrantee does not cover replacement of the products. You shall agree and undertake not to claim replacement of the products at any time on acceptance of the products if manufacturing defect is found.
9.2. This limited warrantee does not cover user’s damage which includes but not limited to physical damage to the products, negligence, cuts, violation of the user’s guide any external damages to the products while shifting by self or by your representative and any other damages apart from manufacturing damage.
9.3. Warrantee program is limited for one year from the date of delivery of the products. This warrantee program is revocable at any time by the www.funiture4kids.in. Revocation of the warrantee is fullest discretion of the www.funiture4kids.in and the same shall be intimated to you by updating, amending this term and conditions on website.
9.4. The rectification of the damaged products shall be subject to submission of the technical report by the technical team of the www.funiture4kids.in. Decision of the technical team of the www.funiture4kids.in shall be final and binding on both the parties. Rectification process shall take place only after submission of the technical report and subject to decision of the technical team.
9.5. Repair and replacement work shall be done on the basis of the volume of the work; if in the event, repair/replacement is of minor in nature, the same shall be done at your place. You shall allow our representative to undertake necessary rectification work. In case of major rectification work, the product has to move to our authorized service center. You should allow our representative to shift the product from your preemies. You shall take care of necessary permissions from society/local authorities, if required. Necessary charges shall be applicable for the same. Estimated time period for Repair/replacement of the damaged part shall always subject to availability of the particular part in warehouse of the www.funiture4kids.in. Delivery time of the repaired product may take time and the same shall be intimated to you in advance.
9.6. Warrantee shall be applicable to the product assembled by www.funiture4kids.in authorized technicians.
10. Product Description
10.1. Each piece of furniture purchased by you online is sold subject to its Product Description. www.funiture4kids.in will take all reasonable care to ensure that all details, descriptions and prices of furniture displayed on the Website are correct at the time when the relevant information was entered into the system. Although, the website is kept as up-to-date as possible, information including Product Description, appearing on the website at a particular time may not always reflect the position at the exact moment you place an order.
10.2. www.funiture4kids.in reserves the right to withdraw any furniture/offers from this Website at any time and/or remove or edit any materials/pages or content on the Website.
11.Installation/assembly services
11.1. www.funiture4kids.in provides the services of installation/ assembly required for the products. If you desire to opt for assembly service through our authorized technicians, the product will assemble at your premises within 72 hours of delivery.
11.2. On acceptance of this term of assembly services, we shall assume that you have confirmed and consented to undertake the assembly activities at your premises. Our technicians shall visit your premises with prior intimation and permission. Delay in providing consent for assembly work, from the date the product/s was delivered, shall not be counted in 72 hours.
11.3. www.funiture4kids.in requires prior confirmation towards the place to fix the products. Further, you shall organize the space for comfortable assembly without any hindrance. Our technicians shall not be responsible for handling any product/s other than the product purchased from us. Upon completion of the assembly work, www.funiture4kids.in technicians shall not be responsible for movement of the product at any location other than the place confirmed by you. Any damages incurred during such activity undertaken by your representative shall be excluded from warrantee norms.
12. Self Assembly
12.1. By electing to choose the “Self Assembly” option while purchasing the applicable products from www.funiture4kids.in, buyer accepts the following terms: Any damages arising from the assembly of the said product shall be borne entirely by the customer.
12.2. www.funiture4kids.in shall not accept any claims for damage arising out of self-assembly done by the customer.
12.3. www.funiture4kids.in shall provide only an instruction manual for the assembly of said product.
12.4. www.funiture4kids.in‘s liability remains until the delivery of the product at customer’s premises
13. Electronic Communication
13.1. You agree that your use of the website for any purpose such as, but not limited to, sending communication via email or otherwise, information or data, constitutes communication with www.funiture4kids.in via electronic records and you consent to receive communication via electronic records from www.funiture4kids.in periodically or as and when required. You accept that communication by www.funiture4kids.in through courier, post or electronic means constitutes proper service of notice or electronic records.
14. Intellectual Property
14.1. Kids is the exclusive proprietor of www.funiture4kids.in as well as its stylized logo script of the letters having a unique colour combination as depicted on the website and in other material. www.funiture4kids.in also has the exclusive copyright in the designs in the furniture sold by it. Any person illegally or unauthorized using the trade mark or any other mark which may be deceptively similar to the trade mark or any other intellectual property owned by it shall be proceeded with in accordance with law and such legal action may entail criminal and/or civil proceedings in the Competent Courts.
14.2. Kids is the exclusive proprietor/owner of the copyright in the design, layout, content and software of the website and all printed material including, but not limited to, brochures, fliers, etc and any infringement and/or unauthorized use thereof will be vigorously dealt with in accordance with the law.
15. Disclaimer
15.1. The information contained in the website is only for your general information about www.funiture4kids.in. It does not constitute advice and you should not rely upon such information for making/ refraining from and/or making any decision.
15.2. www.funiture4kids.in hereby excludes any warranty, either express or implied, as to the correctness, completeness, timeliness, accuracy, fitness for a particular purpose of the website or any of its contents.
15.3. By accessing the website, you agree that www.funiture4kids.in will not be liable for any direct/indirect or consequential loss, damages or compensation arising from the use of the information and material contained in the website or from your access of other material on the internet via web links for this website.
16. Dispute Resolution
16.1. Any dispute relating to any of these terms and conditions or any transaction of purchase conducted by you though the website shall be submitted to sole arbitration under the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by www.funiture4kids.in. The award of the arbitrator shall be final and binding on you as a decree of a court of law. The jurisdiction and venue for arbitration shall be at Mumbai only.
17. Severance
17.1. If any clause (or part of a clause) of this agreement is found by any Court or Authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall continue to subsist and remain in force.
18. Jurisdiction
18.1. By accessing this website, you agree that only the Courts in Mumbai shall have the jurisdiction to entertain any suit or other proceedings by or against www.funiture4kids.in.