TERMS OF USE

1. THE TERMS

• These terms of offer for sale ("Supply Terms") apply to products and services purchased via www.furnisco.com (“the Website”) which is a website owned and operated by M/s Furnisco Retail Private Limited, ("Furnisco " or "We" or "Us"  and its successors and assigns). Under these Supply Terms the users of the website will be referred to as ("You" or "Your" or "Yourself" or "User" or “Customers”).
• 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.

• This document is an electronic record in terms of the Information Technology Act, 2000 including all its amendments and  rules  made  thereunder  as  applicable  and  the  amended  provisions  pertaining  to electronic  records  in  various  statutes  as  amended  by  the  Information  Technology  Act,    This electronic  record  is  generated  by  a  computer  system  and  does  not  require  any  physical  or  digital signatures. A print version of the agreement is located here and we strongly recommend you keep a print out of this version for your records.

2. GENERAL

• 2.1. Use of the Website is offered to You subject to acceptance of all the terms, conditions and notices contained in the Terms, along with any amendments made by “Furnisco” at its sole discretion and posted on the Website, including by way of imposing any charge for access to or use of a Service (defined below). By (i) using this Website or any facility or service provided via this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms and the Privacy Policy available at the bottom of each page of the website.
• 2.2. Furnisco 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 of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.furnisco.com to view the most current Terms. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  
  

3. SERVICES

• 3.1. Furnisco provides its customers a platform through this website www.furnisco.com where they can browse , select and purchase the products offered by Furnisco for sale by creating their account and place orders online. The use of website for creatinf the account and purchase of products shall be governed by the present terms of use and privacy policy, which shall be deems read and accepted by the user/ customer once the website is accessed and request of create account is processed.
• 3.2 By accepting the present terms of use, you grant permission to Furnisco to send you e-mail updates, all information regarding new additions to the Website by various sellers, as well as promotional schemes, will be e-mailed to you at regular intervals.
• 3.3. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store/ factory. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  
  

4. ELIGIBILITY TO USE

• 4.1. In India, persons under 18 years of age are minors. You should be atleast 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. Furnisco 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. As a registered member of Furnisco, your address, email-id, and other delivery details become automatically saved in the "My Account" section of the Website, accessible only to you. You can track all your orders by logging in to the "My Account" section with the User ID and Password set by you. You can save items you are interested in, using the "My Wishlist" feature, for easy purchases.

• 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 Furnisco 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. Furnisco 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 Furnisco 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 Furnisco has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Furnisco 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. Furnisco strives to make available Products and Services at the best possible prices and terms. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  
  6.2. 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 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. Furnisco expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.

7. USER OBLIGATIONS

• 7.1. Subject to compliance with the Terms of Use, Furnisco grants You a non-exclusive, limited privilege to access and use this Website.
• 7.2. 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 8 and 10 below.
• 7.3. 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. Furnisco 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
• 7.4. If the Website allows You to post and upload any material on the Website by way of comments/ reviews etc, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet, (l) to commit any act of terrorism or (m) to 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
• 7.5. You agree that You are solely responsible to Furnisco and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Furnisco or its affiliates may incur or suffer) for any such breach.

8. INTELLECTUAL PROPERTY RIGHTS

• 8.1 . 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 Furnisco 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.
• 8.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Furnisco's. You are not permitted to use the Marks without the prior consent of Furnisco.
• 8.3. Furnisco owns all intellectual property rights to the trademark " Furnisco " 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.
• 8.4. 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 Furnisco.

9. DISCLAIMER OF WARRANTIES & LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• 9.1. You shall indemnify, defend and hold harmless Furnisco 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 Furnisco 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 purchase of Products and/or Services, or any violation of the Terms and/or Terms of Offer for Sale or other terms and conditions relating to the use of the Website and the purchase of Products.
• 9.2. In no event shall Furnisco, its owners, officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable or whether or not Furnisco 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 tortuous action, or any other claim arising out of or in connection with Your purchase of the Products and/or availing of any Services herein.
• 9.3. FURNISCO 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. FURNISCO 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, FURNISCO SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY 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. FURNISCO IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND.
• 9.4. NOTWITHSTANDING ANYTHING TO CONTRARY CONTAINED IN THESE TERMS, OR ELSEWHERE, FURNISCO'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 TO YOU, IN CASE THE CLAIM IS PROVEN BY AN ORDER OF THE COURT OR ANY COMPETENT AUTHORITY.
• 9.5. IN NO EVENT SHALL FURNISCO, 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 FURNISCO 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.
• 9.6. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. VIOLATION OF THE TERMS OF USE

• 10.1. Furnisco may, in its sole discretion and without prior notice, terminate Your access to the Website if Furnisco determines that You have violated the Terms or any other duty owed to Furnisco. Any violation by You of the Terms will constitute a breach, and will cause irreparable harm to Furnisco, for which monetary damages is likely to be inadequate, and You consent to Furnisco obtaining any injunctive or equitable relief that Furnisco deems necessary or appropriate. These remedies are in addition to any other remedies Furnisco may have at law or in equity.

11. TERMINATION

• 11.1. The Terms will continue to apply until terminated by either You or Furnisco as set forth below. If You want to terminate Your agreement with Furnisco, 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.
• 11.2. Furnisco may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:

• 2.1. You breach any of the provisions of the Terms, the Privacy Policyor any other terms, conditions, or policies that may be applicable to You;
• 2.2. Furnisco 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);
• 2.3. The sale of Products or provision of the Services to You by Furnisco is, in Furnisco's opinion, no longer commercially viable;
• 2.4. Furnisco 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
• 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. Furnisco may also delete any content or other materials relating to Your use of the Website.

• 11.3. Furnisco shall not be liable to You or any third party for any such termination.
• 11.4. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.

12. GOVERNING LAW

• 12.1. The Terms and all transactions entered and the relationship between You and Furnisco and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
• 12.2. 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 Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

13. 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 protected]

14. PRIVACY POLICY

• You confirm that you have read and fully understand the Privacy Policy of Furnisco in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

15. GENERAL PROVISIONS

• 15.1. Notice: All notices from Furnisco will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to Furnisco pursuant to the Terms should be sent to [email protected].
• 15.2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. Furnisco's rights under the Terms of Use are freely transferable by Furnisco to any third parties without the requirement of seeking Your consent.
• 15.3. 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.
• 15.4. Waiver: Any failure by Furnisco to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
• 15.5. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. Furnisco 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) Furnisco 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 Furnisco for the feedback under any circumstances.
• 15.6. Furnisco tries its best to deliver Products and Services exactly the way they are described on the Website. Furnisco 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.