A.Introduction

These terms and conditions of use (“Terms of Use” or Terms) of the website www.stylespafurniture.com and instances thereof (Website) between FORTE FURNITURE PRODUCTS INDIA PVT. LTD., a company incorporated under the Companies Act, 1956, (Company or FORTE FURNITURE and its successors and assigns) and the users of the Website or The Customer (“They” or “Their” or “Their self” or “User”) describe the terms on which the Company offers the customer to access to the Website. The Customer agrees 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 the customer chooses to register with us or place an order with us, the customer confirms the acceptance of these terms and conditions upon use of the website.

The Customer can access most of the pages of the website without registering their details with us. Certain areas of the website are only open to the Customer if the customer registers.

The Customer is requested to read and familiarize themselves with these terms and conditions and if the Customer does not accept them, let them not use the website.

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.

 

B.Registration & Other Obligations

As a new Registered User, these Terms and Conditions shall be effective and binding upon the customer™s ‘acceptance’. ‘Acceptance’ shall mean the customer™s affirmative action in filling the registration data and clicking on the ˜continue™ button as provided on the registration page. If the customer does not accept these terms and conditions, the customer need not fill up their registration data or click “continue” on the Registration page.

The customer recognizes that the Registered Data is for the purpose of processing the online purchase order and for providing ancillary services or products that may be offered by Company from time to time. The customer authorizes Company to retain such data and to transmit the data to its various outlets/offices (whoever is/are with Company) which provide such services or products, in whichever country they may be located. The customer acknowledges that Company and /or its chosen partners may contact the customer via email or other means for their order or changes or alterations to the order or for promotional purposes.

The customer is responsible for maintaining the confidentiality of their User ID and Password and for restricting access to their computer, computer system and computer network, and they are responsible for all activities that occur under their User ID and Password.

The customer agrees to provide accurate, true and complete updated information of themselves as requested for by Company at the time of registration and/or from time to time. Should the Customer provide any data or information which Company has reason to believe to be false, inaccurate or incomplete, Company shall have the right to terminate or suspend their account/membership and deny the Customer access to the website.

In using the website the Customer 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 Forte Furniture;
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 Company email address)
The Customer agrees that they are responsible for their own communication and that they 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;

The Customer does not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or attempt to penetrate security measures of the web site, service or obtain or bypass others passwords;

 

C.Customer’s Obligations

In these Terms and Conditions, and in the context of a registered user or where the context so requires, the term ‘The customer 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”.

The customer accepts that Company has the right to amend these terms and conditions at any time without prior notice and consequently agrees 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 the customer does not wish to accept any such expressly designated legal notices and conditions, the customer should not continue to use the website.

The customer agrees that in no event shall Company 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.

 

D.Eligibility

The Customer shall use the website only if they are competent to enter into a legally binding contract under the provisions of the Indian Contract Act, 1872. If the Customer is a minor and if the Customer wishes to purchase furniture through the Website, the Customer may do so through their legal guardian or parents who have registered themselves as Registered Users of the website. Company reserves the right to terminate the Customer’s membership without assigning any reasons.

 

 

E.Warranty limited to Manufacturing defects

The Customer shall be availed with the one year warranty on selected products limited to manufacturing defect found after signing and declaration of the products received in good condition. Limited warranty 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. Warranty does not cover replacement of the products. The Customer shall agree and undertake not to claim replacement of the products at any time on acceptance of the products if manufacturing defect is found.

This limited warranty 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 their representative and any other damages apart from manufacturing damage.

Warranty program is limited for one year from the date of delivery of the products. This warranty program is revocable at any time by the Stylespa Furniture. Revocation of the warranty is fullest discretion of the Company and the same shall be intimated to the Customer by updating, amending this term and conditions on website.

The rectification of the damaged products shall be subject to submission of the technical report by the technical team of the Stylespa Furniture. Decision of the technical team of the Company 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.

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 their place. The Customer shall allow our representative to undertake necessary rectification work. In case of major rectification work, the product has to move to our authorized service centre. The Customer should allow our representative to shift the product from their preemies. The Customer 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 Stylespa Furniture. Delivery time of the repaired product may take time and the same shall be intimated to the Customer in advance.

Warranty shall be applicable to the product assembled by Company authorized technicians

 

 

 

 

F.Short Delivery, Defective Goods Or Damaged Goods

At the time of delivery, the Customer should carry out a visual inspection of the furniture before signing to declare that the Customer has received their goods in good condition. To protect their interest, any claim made by the Customer 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 Company by e-mail at customercare@stylespafurniture.com. Company does not accept any claims for damage caused by the Customer at any time.

Company 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 their premises.

 

J.Packing

All furniture will be delivered in standard Cardboard cartons. The carton containing the furniture delivered to the Customer will be appropriately marked in accordance with the requirements of appropriate laws for the time being in force.

 

K.Force Majeure

No Party shall be deemed to be in default if performance of the obligations required by this terms and conditions is delayed or becomes impossible because of any act of God, war, fire, strike or other labour disturbances, technological or civil commotion or disruption, riots, epidemic, acts of Government, its agencies or officers, or any other legitimate cause which is not due to any act or omission of the Parties, beyond the control of the Parties and not being due to lack of funds or financing (“Force Majeure Events”).

Any Party claiming restriction on the performance of any of its obligations under this terms and conditions due to the happening or arising of an event or circumstance defined as a Force Majeure Event in Article K hereof, shall notify the other Party of the happening or arising and the ending or ceasing of such event or circumstance within 5 (five) days of determining that a Force Majeure Event has occurred or has ceased to occur. In the event any Party anticipates the happening of a Force Majeure Event, such Party shall promptly notify the other Party.

 

L.Product Description

Each piece of furniture purchased by the Customer online is sold subject to its Product Description. Company 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 the Customer places an order. The Customer is therefore advised to visit Company’s nearest showroom to conduct a visual inspection of the piece of furniture, prior to purchase.

Company 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.

 

M.Installation/assembly services

Company provides the services of installation/ assembly required for the products. If the Customer desires to opt for assembly service through our authorized technicians, the product will assembled at their premises within 4 – 5 days of delivery.

On acceptance of this term of assembly services, we shall assume that the Customer has confirmed and consented to undertake the assembly activities at their premises. Our technicians shall visit the Customer’s 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 4 – 5 days.

Company requires prior confirmation towards the place to fix the products. Further, the Customer 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 Stylespa Furniture. Upon completion of the assembly work, Company technicians shall not be responsible for movement of the product at any location other than the place confirmed by the Customer. Any damages incurred during such activity undertaken by their representative shall be excluded from warranty norms.

N.Intellectual Property

Forte furniture products India Private Limited is the exclusive proprietor of the trade mark “Stylespa Furniture” as well as its stylized logo script of the letters having a unique colour combination (referred to as “the trade mark”) as depicted on the website and in other material. Forte furniture products India Private 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.

Forte furniture products India Private 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.

O.Dispute Resolution

Any dispute relating to any of these terms and conditions or any transaction of purchase conducted by the Customer though the website shall be submitted to sole arbitration under the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by Forte furniture products India Private Limited. The award of the arbitrator shall be final and binding on the Customer as a decree of a court of law. The jurisdiction and venue for arbitration shall be at Chennai only.

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.

By accessing this website the Customer agrees that only the Courts in Chennai shall have the jurisdiction to entertain any suit or other proceedings by or against Forte furniture products India Private Limited.

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