TERMS & CONDITIONS
This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1 THE TERMS
1.1. These terms and conditions of use (“Terms”) of the website www.karpentree.com and instances thereof, including any and all related mobile applications (“Website”) between WOODART KARPENTREE PRIVATE LIMITED, a company incorporated under the Companies Act, 1956, (“Company” and its successors and assigns also a “company” under the Companies Act, 2013) and the users of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which the Company offers You access to the Website.
1.2. PLEASE READ THE TERMS CAREFULLY BEFORE USING, VIEWING, ACCESSING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
2.1 The Website is an Internet based portal owned and operated by Woodart Karpentree Private Limited (Company).
2.2 Use of the Website by You entails acceptance by You of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at its sole discretion and posted on the Website to facilitate the Services (Ref Clause 3) offered by the Company.
2.4 The Company shall not be required to notify You of any changes made to the Terms. The revised Terms shall be made available on the Website. Your use of the Website is subject to the most current version of the Terms made available on the Website at the time of such use. You are requested to regularly visit the website to view the most current Terms. It shall be Your responsibility to check the Terms periodically for changes. The Company may require You to provide Your consent to the updated Terms in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website will constitute Your acceptance of such changes.
3 PRODUCT AND SERVICES
3.1 The Company provides a platform for online sale of furniture and home décor merchandise (“Products”) and allied services which include platform services and transaction support services, order processing, customer service and delivery or transport service for Products (“Services”). For clarity, the products and services are manufactured and sold, under the brand “Karpentree” and such other brands as may be decided by the Company. The Company also delivers the products to You directly or through its authorised partner.
3.2 You shall take all responsibility for Your own actions in utilizing the Products and Service and the Website in relation to the Services availed or purchased by You and the Company shall not be liable for any such action or consequence thereof.
3.3 You represent that You are of legal age to form a binding contract and are not a person barred from purchasing products or receiving services under the laws as applicable in India.
4 ELIGIBILITY TO USE
4.1 You should be at least 18 (eighteen) years of age to use the Website and purchase any Products or avail any Services through the Website. If You do not conform to the above qualification, You are not permitted to purchase any Products or avail of the Services. You represent that You are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the applicable laws.
4.2 The Company reserves the right to refuse access to the Website, and/or purchase of any the Products and/or use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
5. USER ACCOUNT, PASSWORD AND SECURITY
5.1 The Company may make the Products and/or Services available to You only if You have provided the Company certain required User information and / or created an account ("Account") through a log-in ID and password (collectively, the "Account Information"). The sale of Products and/or Services may also be subject to procedures for use of the Website, uploaded guide, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that Products and/or Services.
5.2 You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. In the absence of such notification from You, any purchase transaction made on the Website through Your Account and/or in Your name shall be binding on You. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
5.3 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
5.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
6. PRICING INFORMATION
6.1 The Company strives to make available Products and Services at the best possible prices and terms.
6.2 The Pricing information relating to the Product shall be as displayed on the Website and as disclosed to You at the time of Your purchase/order.
6.3 The Company does not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
6.4 While the Company strives to provide accurate information relating to products and services including pricing information, but typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error, the Company will have the right to modify the price of the product or services and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If the Company cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
6.5 You agree to provide correct and accurate credit / debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services. 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. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.
7. DELIVERY OF THE PRODUCT
7.1 Your shipping address and pin code will be verified for serviceability with the database of the Company before You proceed to pay for Your purchase. If Your order is not serviceable by representatives of the Company or the area/pin code is not covered, we will request You to provide us with an alternate shipping address which we expect to have within the Company’s serviceable area. If there is any dispute regarding the shipment of the product or delivery of services for the area not covered by the Company, the Company will not be responsible for the non-delivery of the product or services. You can make purchases on the website from anywhere in the world but the shipping address must be within India, in an area serviceable by us.
7.2 In case You book multiple orders for the products and services in one transaction, efforts will be made to ship all products together. However, this may not always be possible. Once the products ordered by You reach the nearby delivery centre and the Company makes Delivery Attempt once, and You cancel the delivery the products, the Company will try to hold the products in the delivery centre for a week, beyond which if You do not take the delivery of the products, the Company shall be free to cancel the order.
8.1 Cancellation prior to shipping - You can cancel your order for any product at any time prior to its shipment. For cancellation requests please get in touch with us on our customer care number 7306940830 or write to us at email@example.com. However, in case of any Made To Order product (“MTO”), cancellation of order is not possible.
8.2 Cancellation after shipment- Products once shipped cannot be shipped back to vendor or cancelled while attempting delivery.
8.3 Cancellation after delivery/installation - Products once delivered and installed cannot be returned or cancelled. 8.4 The cancellation policies mentioned here do not apply to certain pin codes. To know the specific cancellation policy for your delivery location, please enter your pin code in the box provided on every product page.
9.1 Return for Non-Furniture Items: If you happen to receive a non-furniture Item which may,
a) be a damaged product on arrival,
b) be dead or defective on arrival,
c) have a manufacturing defect,
d) be delivered incomplete or
e) be a wrong product
then, a 7-day return policy is provided. The 7-day return timeline starts from the date the product was delivered according to the confirmation received from the logistics team or courier partner.
The returned product should be in its original packaging, and in the same condition as you received the product. Please ensure that all tags, peripherals, warranty/ guarantee card, freebies and accessories including keys, straps and locks are intact. Refund will be processed to the original payment method within 48 hours of the return receipt from vendor.
9.2 Return for Furniture Items:
9.2.1 Return of furniture products in case of non-satisfaction is not accepted. In case of complaints of furniture products, the Company will attempt to repair it on site or issue a replacement depending on the product complaint. In case the problem persists after the repair, a refund will be processed after the return of the defective item. In case there are manufacturing defects after delivery, we will treat it as an after-sales complaint. These products will be repaired or replaced as deemed necessary by our after-sales specialists.
9.2.2 In case, you receive a damaged product, please bring it to the notice of the delivery personnel, Service Associate or other responsible personnel immediately. In order to do the same, please get in touch with us on our customer care number 7306940830 or write to us at firstname.lastname@example.org. Damage or defect will be assessed in 1-2 days and a solution may be offered. If in the opinion of the Company the product is defective, the product may be replaced or any other corrective measure may be taken, as deemed appropriate by the representative of the Company, to address the issue. However, if in the opinion of the Company there is no defect in the product, the Company shall return the same product back to you and no further action will be taken. The Company shall have the sole right to determine whether a product is defective or not.
10.1 If you are eligible for a refund, the same shall be given to You as per the following guidelines-:
a) All refunds process initiation shall be subject to pick up of all cancelled items from Your/customer's premises.
b) The refund will be processed to the original payment method within 48 hours of the return receipt from vendor. Refund timeline is below:
a. 48 hours in case of wallet payment
b. 5-7 business days in case of NEFT, CC, DC mode
c. 10-14 business days in case of UPI payment
d. 7-10 days in case of PayPal transaction
11. OBLIGATIONS OF THE USER
11.1 Subject to compliance with the Terms, the Company grants You a non-exclusive, limited privilege to access and use this Website.
11.2 You agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
11.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You will access the Website in accordance with the Terms and particularly Section 13 below.
11.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by the Company. You shall not use any deeplink, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
11.5 By accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed below
11.6 If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
d) Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
e) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
f) Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
g) Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any the Company server, or to any of the Product and Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Company, including any the Company Account not owned by You, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other Users.
k) Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
l) Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
m) Conduct or forward surveys, contests, pyramid schemes or chain letters;
n) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
o) Violate any code of conduct or other guide, which may be applicable to the Website;
p) Violate any applicable laws or regulations for the time being in force within or outside India;
q) Violate the Terms including but not limited to any applicable Additional Terms; and
r) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
11.7 You agree that You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which the Company or its affiliates may incur or suffer) for any such breach.
12. CONDUCT OF USAGE
12.1 You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
12.2 You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
12.3 The Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to any unauthorized transaction effected from Your Account for any reason whatsoever.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
13.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of the Company . You are not permitted to use the Marks without the prior consent of the Company.
13.3 The Company owns all intellectual property rights to the trademark "Karpentree" and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
13.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company.
14. DISCLAIMER OF WARRANTIES & LIABILITY
14.1 The Company will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any products or services or materials, either with or without your knowledge. The Company shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be responsible for nonavailability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Company is not responsible for any typographical error leading to any invalidity of any kind.
14.2 Notwithstanding anything to contrary contained in these terms or elsewhere, the Company's entire liability to you shall be limited to the amount of the moneys paid by you for or towards any product or service, in connection with which the claim has arisen, which amount shall be refunded you, in case the claim is proven by an order of the court or any competent authority.
14.3 In no event shall the Company, its officers, directors, employees or agents, partners or suppliers be liable to you for any (1) special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable and whether or not the Company has been advised of the possibility of the same, (2) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (3) any other claim arising out of or in connection with your use of or access to the website, services or materials.
15. VIOLATION OF THE TERMS & CONDITIONS
15.1 The Company may, in its sole discretion and without prior notice, terminate Your access to the Website if the Company determines that You have violated the Terms or any other duty owed to the Company. Any violation by You of the Terms will constitute a breach, and will cause irreparable harm to the Company, for which monetary damages is likely to be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate. These remedies are in addition to any other remedies the Company may have at law or in equity.
16. INDEMNIFICATION AND LIMITATION OF LIABILITY
16.1 You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms or any additional terms applicable to the purchase of products and/or services.16.2 In no event shall the Company, its officers, directors, employees or partners be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, the Company's entire liability to you shall be limited to the refund of the moneys paid by you, for any product or service in connection with which the claim has arisen, which amount shall be refunded to You.
17.1 The Terms will continue to apply until terminated by either You or the Company as set forth below. If You want to terminate Your agreement with the Company, You may do so by closing Your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from, or are related to Your use of the Website prior to such termination, or any Product purchased by You or any Services availed by You prior to such termination.
17.2 The Company may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
17.2.2 The Company is required to do so by law (for example, where the sale of Products or provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations);
17.2.3 The sale of Products or provision of the Services to You by the Company is, in the Company's opinion, no longer commercially viable;
17.2.4 The Company has elected to discontinue, with or without reason, access to the Website, providing of any the Services (or any part thereof) either in general or specifically to You; or
17.2.5 For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or providing any Services. The Company may also delete any content or other materials relating to Your use of the Website.
17.3 The Company shall not be liable to You or any third party for any such termination.
17.4 Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.
18. GOVERNING LAW
18.1 The Terms and all transactions entered and the relationship between You and the Company and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
18.2 All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at [•], India and You hereby accede to and accept the jurisdiction of such courts.
19. REPORT ABUSE
In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable Content on the Website, please report to email@example.com.
21. NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from the Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by following the procedure set forth in the newsletters.
22. GENERAL PROVISIONS
22.1 Amendment: The Company shall have the sole discretion to vary these terms and conditions and any other document referred to herein. You agree that you shall be updated with the most recent terms and conditions and your continued usage of the Website shall be deemed to be consent to such renewed terms and conditions.
22.2 Notice: All notices from the Company will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to the Company pursuant to the Terms should be sent to firstname.lastname@example.org.
22.4 Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
22.5 Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
22.6 Feedback and Information: Any feedback You provide to this Website shall be deemed to be nonconfidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.
22.7 Exactness Not Guaranteed: The Company tries its best to deliver Products and Services exactly the way they are described on the Website. However, the nature and tendency of natural material based products is that each piece of furniture is unique in its own way. The Company hereby disclaims any guarantees of exactness of the finish or appearance of the final Products or Services ordered by the User over and above generally acceptable standards on the same. The quality of the Products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.