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Terms and Conditions

Terms and Conditions

TERMS OF USE

These terms of use (“TOU”) govern the access or use of our website www.designcafe.com (“Our Website”). Our Website is available for You together with all the content, tools, facilities and services made available through Our Website. Therefore, please read these TOU very carefully.

These TOU are an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access to or usage of Our Website.

For the purposes of clarity, the term “Company/Us/Our/We/Design Café” shall include GS Ecommerce Private Limited and its holding company, subsidiary companies, successors-in-interest, executors, permitted assigns, affiliates, associates and group companies. Further, the term “Client”, “You” and “Your” refers to you, and by Clicking “I AGREE,” “SUBMIT”, or the like (if provided) thereby indicating acceptance electronically, You agree and acknowledge that You have read, understood, and agree to be bound by this TOU and that these TOU constitute a legal and binding agreement between You and Us and accept the Company’s terms and conditions including the Privacy Policy available at Our Website (“Privacy Policy”), which form an integral part of this TOU.

We may revise this TOU from time to time, so please keep visiting this page on Our Website regularly to keep Yourself updated. In the event, We wish to change this TOU We will seek Your consent vide the email id and/or the contact information provided by You at the time of registration on Our Website. However, if You fail to respond to the notification within the reasonable prescribed time as provided in the notification and continue to access and/or use Our Website following the changes or updates to this TOU, it shall be deemed to constitute Your acceptance and agreement to be bound by the revised TOU. If at any point of time, You do not agree with the updated TOU or wish to terminate this agreement, You must immediately stop using the Platform and write to happiness@designcafe.com, and this TOU shall be terminated for You, subject to the terms contained herein.

You expressly understand and agree that Your accessing or use of Our Website is at Your sole risk. Our Website is provided on an “as is” and “as available” basis. Except as herein otherwise provided, We and Our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non- infringement.

We, Our associates and service partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of Our Website or that the operation of Our Website will be error free and/or uninterrupted. Consequently, We assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Our Website; and/or any interruption or errors in the operation of Our Website.

General Terms of Use:

  1. Ownership and Intellectual Property

We expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on Our Website. Access to Our Website does not confer and shall not be considered as conferring upon anyone any license under any of Our or any third party’s intellectual property rights.

The Design Café names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Design Café. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on our Website. Access to our Website does not authorize anyone to use any name, logo or mark in any manner. References on our Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply Our endorsement, sponsorship or recommendation of the third party, information, product or service.

We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at Your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of Our Website (collectively, the “Contents“) are intended solely for personal, non-commercial use. Any use of our Website or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without the permission of Design Café. You may not modify, distribute or re-post anything on our Website for any purpose.

  1. Eligibility and Use

In order to use or access Our Website, You must be competent to enter into a contract under applicable laws. If you continue using Our Website, then You represent and warrant to Us that You are competent to enter into a valid and binding contract under applicable laws. In the event You access or use Our Website for and on behalf of a legal entity (whether a single entity or multiple entities), You represent and warrant that You have the authority to bind such entity (and its affiliates or associated entities) to this TOU.

  1. Termination

We may suspend or terminate Your use of the Website or any service if We believe, in Our sole and absolute discretion that You have breached any of the terms of these TOU. We may also in Our sole discretion and at any time discontinue providing the services, or any part thereof. Termination of Your access to the use of Our Website may be effected without prior notice to You, and You acknowledge and agree that We may immediately bar any further access to our Website.

If You or We terminate Your use of Our Website or any service, We may delete any content or other materials relating to Your use of the Website and will have no liability to You or any third party for doing so. You shall be liable to pay for any service or product that you have already ordered till the time of termination by either party whatsoever.

  1. Indemnity

You agree to defend, indemnify and hold harmless Design Café, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to Us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of Your obligations under this TOU or arising out of the Your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this TOU.

  1. Limitation of Liability

To the fullest extent permitted under applicable law, We, Our associates, parent companies, or suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with Our Website, its services or this TOU. Without prejudice to the generality of this section, Our total liability to You for all liabilities arising out of this TOU is limited to the value of the product ordered by You.

  1. Entire Agreement

This TOU constitute the entire agreement between You and Design Café and govern Your use of Our Website, superseding any prior understandings and agreements between You and Us and any previous statements or representations from either party to the other party. This TOU do not apply to any affiliate services, third-party content or third- party software that does not or cannot reasonably be deemed to form part of Our Website which may be provided to You by Our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software.

  1. Non-Transferability

You agree that Your account on Our Website is non-transferable and any rights to your Account ID or contents within Your account terminate upon your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.

  1. Governing Law and Jurisdiction

This TOU and the relationship between You and Us shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. The Courts at Bengaluru, India shall have exclusive jurisdiction in any proceedings arising out of this TOU.

  1. Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding Our Website to happiness@designcafe.com.

  1. Website feedback, user comments and user generated content:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to Us on or by Our Website or otherwise disclosed, submitted or offered in connection with Your use of Our Website (collectively, the “Comments“) shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, We own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way. We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay You any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by You to the Website will not violate these TOU or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by You to Our Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant Us the right to use the name that You submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments You make and You agree to indemnify Us and Our affiliates for all claims resulting from any Comments You submit. We and Our affiliates take no responsibility and assume no liability for any Comments submitted by You or any third party.

Specific Terms of Use

PART – I – INTERIOR SERVICES (“SERVICES”)

  1. Fee Quotation and Payment

The quoted rates on Our Website for the Services are an estimate based on current design and sizes, and they are liable to change till the sign off/production stage depending on the exact actual measurements on-site or design changes made by You or as per Your instructions.

The payment will be done in the following stages:

  1. 5% to begin design (Non-Refundable)
  2. 15% before 3D after the first presentation (Non-Refundable)
  3. 35% to move to production (Non-Refundable)
  4. 45% before dispatch (Non-Refundable)

All Our product pricing is exclusive of taxes. Taxes have been mentioned in Your estimate separately and will be charged at the time of billing at each stage as per prevailing government tax rates. All payments made via credit cards will be applicable for a 2% surcharge as charged by the banks towards the same. The same is to be borne by You. We only facilitate financial loans and services. Approvals, processing and terms are at the sole discretion of the financial entity.

  1. Delivery Time

We will process Your final order and start production only post a 55% payment.

Your order will be delivered on or before the assured delivery date. Changing an order or unforeseen circumstances may delay the delivery time. We are not responsible for any delay in project implementation due to third-party vendors or for reasons beyond Our control.

  1. Delay in Completion

The payment will be subject to the following conditions:

  1. The delay is for the initial scope of work and item list. Additional items or request for change will not be considered as delayed items.
  2. There are no external factors which have contributed to delay which are out of Our control.
  3. Our Website is in a condition which is ready for installation, and there is no delay or pending work from the builder or the client.

 

  1. Cancellation, Returns & Delays

Any non-manufacturing defects and damages post receiving a delivery are not valid for returns or replacements. Customised and made-to-order furniture pieces, purchased from Design Cafe, cannot be returned or exchanged.

All payments made at any stage are non-refundable.

  1. Disclaimer of Warranties

We and Our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that:

  1. The Service will meet your requirements;
  2. The Service will be uninterrupted, timely, secure, or error-free;
  3. The Service will be accessible at any time or at all times via the channel selected or used by you;
  4. The information, content or advertisements (collectively, the “materials“) contained on, distributed through, or linked, downloaded or accessed from or through the Service, or the results that may be obtained from the use of the Service, will be accurate or reliable;

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of these TOU.

  1. Grievance Redressal

If You have any concern or grievance or complaint with respect to the Services, please contact Amar Krishna Murthy

E-mail address: amark@designcafe.com

Mobile number: 9844101444

The Grievance Officer will study the matter and take such action as deemed appropriate under the circumstances.

You shall be provided with a ticket number for each complaint lodged by You through which You can track the status of the complaint.

We shall ensure that the Grievance Officer acknowledges the receipt of Your complaint within 48 (forty-eight) hours and redresses the complaint within 1 (one) month from the date of receipt of the complaint.

PART – II – SERVICES OF SALE OF PRODUCTS

  1. Products Offered on Our Website

Our Website enables You to purchase products such as furniture, furnishings, home décor,  and articles etc. related to a home from various brands (collectively, “Products“). The Products can be purchased through Our Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on Our Website and all of which are incorporated here by reference). In addition, these TOU may be further supplemented by Product specific conditions, which may be displayed with that Product on our Website.

Design Cafe does not warrant that Product description or other content of Design Café is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

  1. Website as a Platform for Transaction and Communication

All commercial/contractual terms are offered by and agreed to between You and the sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and after sales services related to Products. Design Cafe does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the sellers.

Design Cafe does not make any representation or warranty as to specifics (such as quality, value, sale-ability, etc) of the Products proposed to be sold or offered to be sold or purchased on Our Website.

Design Cafe is not responsible for any non-performance or breach of any contract entered into between You and the sellers. Design Cafe cannot and does not guarantee that the concerned sellers will perform any transaction concluded on Our Website.

At no time shall Design Cafe hold any right, title or interest over the Products nor shall Design Cafe have any obligations or liabilities in respect of such contract entered into between You and the sellers.

Our Website is only a platform that can be utilized by You to buy Products. Design Cafe is only providing a platform for facilitating sale of Products and enabling communication and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the Seller and You. At no time shall Design Café hold any right, title or interest over the Products nor shall Design Cafe have any obligations or liabilities in respect of such contract. Design Cafe is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.

Incorrect pricing on any Product(s) as is reflected on Our Website may be due to some technical issue, typographical error or product information published by seller and in such an event seller may cancel your order(s).

Design Cafe hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by You.

Design Cafe is not responsible for the delays in delivery, quality of materials and omissions by the sellers of the Products. Every Product provided herein shall be covered by the brand warranties as provided by the relevant seller.

We shall display the details about the sellers offering the Products, including the name of their business, whether registered or not, their geographic address, customer care number, any rating or other aggregated feedback about such seller, and any other information on Our Website, necessary for enabling You to make informed decision at the pre-purchase stage.

We shall also on a request in writing made by You after the purchase of any Products on our Website, provide You with information regarding the seller from which You have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address and any other information necessary for communication with the seller for effective dispute resolution.

  1. Payment Facility

You, as a buyer, understand that upon initiating a transaction on Our Website, You are entering into a legally binding and enforceable contract with the seller to purchase the Products from the seller using the payment facility available on Our Website (“Payment Facility”), and You shall make the payments for the purchase of the Products using the Payment Facility. The Payment Facility shall be provided through third party payment service providers which may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

You agree to provide correct and accurate credit / debit card / net banking / e-wallet details to the approved payment gateway for purchasing any Products. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card / net banking/ e-wallet. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card/ net banking/ e-wallet details. Design Cafe expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.

  1. Grievance Redressal

If You have any concern or grievance or complaint with respect to the Products, please contact Amar Krishna Murthy

E-mail address: amark@designcafe.com

Mobile number: 9844101444

The Grievance Officer will study the matter and take such action or escalate the matter, as deemed appropriate under the circumstances.

You shall be provided with a ticket number for each complaint lodged by You through which You can track the status of the complaint.

We shall ensure that the Grievance Officer acknowledges the receipt of Your complaint within 48 (forty-eight) hours and redresses the complaint within 1 (one) month from the date of receipt of the complaint.