Terms of service

Terms of Use

These terms of use govern the access, browsing to and use of the Website  https://www.furnishfactory.com/ (hereinafter the “Website”) and the content and products/services available through it.

 

The domain name < furnishfactory.com> has been registered since August 02, 2024.

 

1.      Acceptance of Terms

By using our website, you represent and warrant that you are at least 18 years old or have the consent of a parent or guardian. If you are using our products/ services on behalf of a company or entity, you represent that you have the authority to bind that entity to these Terms.

 

2.      Modifications to Terms

We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of significant changes by posting the updated Terms on our Site and updating the "Last Updated" date at the top of these Terms. Your continued use of our website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

 

3.     User Conduct

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of our website by any third party. You agree not to:

  • Use our services in any way that violates any applicable state, local, or international law or regulation.
  • Post, upload, or distribute any content that is defamatory, obscene, unlawful, invasive of another’s privacy, or infringing on another’s rights.
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our services, or which, as determined by us, may harm the company or users of our products or expose them to liability.
  • Use automated systems, including but not limited to robots, spiders, or offline readers, to access our services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

4.     Orders and Payments

a)     Order Acceptance

All orders placed through our Site are subject to acceptance. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product availability, errors in pricing or descriptions, or suspected fraud. If we cancel an order after you have made a payment, we will issue a full refund to the original payment method.

 

b)    Pricing and Payment

All prices listed on our Site are in INR and are subject to change without notice. We strive to provide accurate pricing; however, errors may occur. If a pricing error is discovered, we will inform you as soon as possible and give you the option to either proceed with the corrected price or cancel your order. Payment is due at the time of purchase, and you agree to provide accurate payment information.

 

c)     Shipping and Delivery

We will make reasonable efforts to deliver your order in accordance with the estimated delivery dates provided at the time of purchase. However, we are not responsible for delays caused by circumstances beyond our control, including but not limited to natural disasters, labour disputes, or transportation issues. All delivery dates are estimates, and we do not guarantee delivery on a specific date. We offer domestic and international shipping. Shipping fees vary based on location, order size, and delivery method.

o   We are not responsible for delays caused by third-party carriers or unforeseen circumstances.

o   Risk of loss and title for products pass to you upon delivery.

o   Customers are responsible for ensuring that the delivery address provided is correct.

o   If a package is lost or stolen after delivery, the Company is not responsible for providing a replacement.

o   If a shipment is refused or returned to us due to an incorrect address, additional shipping fees may apply.

o   International shipments may be subject to customs duties and taxes, which are the responsibility of the customer.

o   We reserve the right to change shipping providers and policies at any time.

 

 

5.     Intellectual Property

a)     Ownership

All content, including but not limited to text, images, graphics, logos, and software, is the property of the company or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.

 

b)    User Content

If you submit or post content to our Site, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, modify, and distribute such content in connection with our website. You represent that you have the right to grant this license and that your content does not infringe the rights of any third party.

 

6.     Disclaimer of Warranties

  • We strive to display product images and descriptions accurately. However, actual colors and details may vary.
  • We do not guarantee that the product specifications, pricing, or availability will be error-free.
  • The use of our products is at your sole risk.
  • We make no warranties, express or implied, regarding product performance, durability, or suitability for a particular purpose.

 

7.     Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our products/services, even if we have been advised of the possibility of such damages.

 

8.     Indemnification

You agree to indemnify, defend, and hold harmless the company, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses including reasonable attorney fees arising out of or in any way connected with:

  • Your access to or use of our website.
  • Your violation of these Terms.
  • Your violation of any rights of any third party, including any intellectual property or privacy rights.
  • Any claim that your content caused damage to a third party.

 

9.     Indemnification Against Third-Party Products

You agree to indemnify, defend, and hold harmless the company, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses including reasonable attorney fees arising out of or in any way connected with:

  • Your use of any third-party products, services, or content that are hosted on our Site.
  • Any disputes arising from your interaction with third-party products or services.
  • Any claims made by third parties related to your use of such products or services.
  • Any violation of the rights of any third party in connection with your use of these products or services.

 

10.   Force Majeure

The company shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, embargoes, acts of civil or military authorities, fires, floods, accidents, or shortages of transportation facilities.

 

11.   Termination

We reserve the right to terminate or suspend your access to our website, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, your right to use the website will immediately cease.

 

12.   Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or your use of the products/services shall be resolved through binding arbitration in Delhi, conducted in accordance with the rules of the Arbitration and Conciliation Act, 1996. You agree that any arbitration shall be conducted on an individual basis and not in a class or representative action.

 

13.   Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

 

14.   Electronic Communications

o   By using our Platform, you consent to receive communications electronically, including order updates and promotional messages.

o   You may opt out of promotional emails, but transactional communications are required for account activity.

 

15.   Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure of the company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

16.   Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices or agreements published on our Site, constitute the entire agreement between you and the company regarding your use of our products/services and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.