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Terms & Conditions
1. Introduction
| 1.1 |
Welcome to the In LivingTM
terms and conditions of use. These Terms and Conditions apply to
your use of this website at www.inliving.com (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 |
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 In LivingTM
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conditions may be superseded by expressly designated legal notices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
In LivingTM
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 In LivingTM
from time to time. You authorize In LivingTM
to retain such data and to transmit the data to its various
outlets/offices or to parties which provide such services or
products, in whichever country they may be located. You acknowledge
that In LivingTM
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 In LivingTM
at the time of registration and/or from time to time. Should you
provide any data or information which In LivingTM
has reason to believe to be false, inaccurate or incomplete, In
LivingTM
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 :
- omit, delete, forge or misrepresent information;
- impersonate any person or entity, or falsely state
or otherwise misrepresent an affiliation with any person or
entity;
- engage in any activities intended to withhold or
cloak identity or contact information;
- send harassing and/or threatening messages to In
LivingTM;
- post excessive responses to interactive features or
functions of this Site or
- engage in 'flooding', i.e., ICMP flooding and mail
bombing (sending large amounts of email repeatedly to the In
LivingTM
email address)
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| 3.6 |
You agree that you are
responsible for your own communication and that you will not post,
disseminate or transmit any content that:
- 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;
- you do not have the right to disseminate or transmit
under law, or contractual or fiduciary relationships; or
- contains personally identifiable information
belonging to minors.
- posts, disseminates or transmits any worm, viruses
or other harmful, disruptive or destructive files, code or
programs on the website;
- attempt to penetrate security measures of the web
site, service or obtain or bypass others passwords; or
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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. In LivingTM
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 In LivingTM
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/charge/ITZ cards. The website secure
server software (SSL) technology will encrypt all registered data,
including your name, address, credit/charge/debit/ITZ 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 Maximum Retail Price(MRP) is 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 |
In LivingTM
reserves the right to refuse to process a transaction for any reason
or refuse service to anyone at any time at its sole discretion. In
LivingTM
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, In LivingTM
will thereafter transmit a confirmation email to your registered
email address informing you of the scheduled date of delivery of
your furniture. |
| 6.2 |
In LivingTM
will deliver your purchased furniture to your doorstep, normally
within 10 working days of your placing the Purchase Order on the
website. 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 from such main gate of the
complex to your doorstep irrespective of the floor of your premises.
You agree to ensure that access is suitable for the delivery of the
furniture to your desired location. In LivingTM
will not accept cancellation 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 room 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 |
In LivingTM
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 In LivingTM
finds subsequently that the estimate is inaccurate, In LivingTM
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 In Living's warehouse for more than one week during which
time you fail to accept delivery/re-delivery (despite In LivingTM
having contacted you to do so), In LivingTM
reserves the right to cancel your order and retain up to 25% of the
order value. |
| 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 In LivingTM
to the carrier for delivery to your doorstep. You agree that the
carrier of the purchased goods to your premises shall be your agent.
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7. Furniture Measurements &
Instructions
| 7.1 |
All furniture will be delivered
in 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. The
Cartons should contain the following :
- Your furniture
- The dimensions of the furniture (in inches/cms).
- Basic Safety/precaution instructions.
- Assembly instructions (only for select pieces of
furniture)
- Brackets (only for select pieces of furniture)
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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 In Living TM
by e mail at support@inliving.com
or by phone on 0124 4665959. In Living TM
does not accept any claims for damage caused by you at any time. |
| 8.2 |
In LivingTM
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. Cancellation & Returns
Procedure
| 9.1 |
You may cancel your purchase
order within a period of and in any event not later than, 2 (two)
days from the date of purchase. |
| 9.2 |
If you choose to cancel your
purchase order after your furniture has been dispatched, then the
following procedure will apply;
- In case you choose to return your purchased
furniture for any reason, you should contact the customer care
department of In LivingTM
which will arrange to collect your purchased furniture. In
LivingTM
will levy an appropriate collection charge depending upon the
furniture purchased and your location. You shall not return
furniture already delivered to you, beyond a period of 7 (seven)
calendar days from the date of delivery of the furniture.
- You will be reimbursed to the credit card with which
you paid for the furniture online, after deducting the
appropriate collection charge, once the furniture has been
received back in good shape into In Living's Central
Distribution Depot. For all other payment modes, refunds will be
made through cheque payment at the billing address.
- If it is found by In LivingTM
that the furniture returned by you is not in a fully re saleable
condition, then In LivingTM
reserves the right to refuse a refund on such furniture, or
shall deduct an amount which may be up to 50% of the original
selling price from the refund amount.
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10. Product Description
| 10.1 |
Each piece of furniture
purchased by you online is sold subject to its Product Description.
In LivingTM
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. You are therefore advised to visit
In Living's nearest showroom to conduct a visual inspection of the
piece of furniture, prior to purchase. |
| 10.2 |
In LivingTM
reserves the right to withdraw any furniture from this Website at
any time and/or remove or edit any materials/pages or content on the
Website. |
11. Electronic Communication
| 11.1 |
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 In LivingTM
via electronic records and you consent to receive communication via
electronic records from In LivingTM
periodically or as and when required. You accept that communication
by In LivingTM
through courier, post or electronic means constitutes proper service
of notice or electronic records. |
12. Intellectual Property
| 12.1 |
In Trading Pvt. Limited is the
exclusive proprietor of the trade mark "In LivingTM"
as well as its stylized logo script of the letters " i l"
having a unique colour combination(referred to as "the trade
mark") as depicted on the website and in other material. In
Trading Pvt. Limited is in the process of registering the trade mark
under the Trade Marks Act, 1999 in various classes. In Trading Pvt.
Limited 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. |
| 12.2 |
In Trading Pvt. Limited 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. |
13. Disclaimer
| 13.1 |
The information contained in the
website is only for your general information about In LivingTM.
It does not constitute advice and you should not rely upon such
information for making/ refraining from making any decision. |
| 13.2 |
In LivingTM
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. |
| 13.3 |
By accessing the website you
agree that In LivingTM
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. |
14. Dispute Resolution
| 14.1 |
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 In Trading Pvt. limited. 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
New Delhi only. |
15. Severance
| 15.1 |
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. |
16. Jurisdiction
| 16.1 |
By accessing this website you
agree that only the Courts in Delhi shall have the jurisdiction to
entertain any suit or other proceedings by or against In Trading
Pvt. Limited. |
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