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.
Your use of www.desteller.com and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with Shakti Metallics, a company incorporated under Companies Act, 1956 with its registered office at 801- 802, 8th Floor, Tower B, 247 Business Park, LBS Marg, Vikroli (W), Mumbai - 83, Maharashtra, India, hereinafter referred to as "the Platform" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
For the purpose of the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression "You" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. "Acceptance" shall mean your affirmative action in clicking on the 'check box' and/or on the ‘continue’ button and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘check box’ or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.
Amendments to the User Agreement
The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
The following disclaimers are the key to determining any relationship between You and the Platform for Your use of the Website and for Platform providing any services on the Website:
Platform and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
The responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
The Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Platform may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available certain gems and jewellery certification services, and payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.
Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
As a registered member of Shakti Metallics, 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. Further, if you choose to opt for our 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.
Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
Fees and Services
Membership and browsing on the Website is free. As per the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 an “E-commerce marketplace may provide support services to sellers in respect of warehousing, logistics, order fulfilment, call centre, payment collection and other services.” Accordingly, the Platform through various third party service providers engages in order fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.
You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Use of the Website
You understand and agree that Platform and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user generated content and material. The Platform neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Platform has no control over the third party user generated contents.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
You are solely responsible for Your Information, and the Platform and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
Belongs to another person and to which You do not have any right to.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
Harm minors in any way.
Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
Violates any law for the time being in force.
Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Impersonates another person.
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Is false, inaccurate or misleading.
You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
You shall not create liability for Platform or cause Platform to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer at any place outside India.
Platform for Communication
The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website.
All commercial / contractual terms are offered by and agreed to between buyers and 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 goods and services and after sales services related to goods and services. Platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the Platform may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.
Platform is not responsible for any non-performance or breach of any contract entered into between users. Platform cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. Platform shall not and is not required to mediate or resolve any dispute or disagreement between users.
Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Platform does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Platform does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.
Platform is only providing a platform or venue for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.
Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Platform cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
The function of the Platform is limited to providing access to a communication system over which information made available by You is transmitted or temporarily stored or hosted. The Platform observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf. The Platform does not:
initiate the transmission;
select the receiver of the transmission; and
select or modify the information contained in the transmission.
Therefore, pursuant to the provisions of the Legal Metrology (Packaged Commodities) Amendment Rules, 2017, the responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
Platform may from time to time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers 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.
Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
If you breach the User Agreement or any terms or policies of the Website.
If your actions may cause legal liability for you, other users or Platform.
Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner. You shall inform the Platform at the time of listing your product and subsequent to the listing, of all the declarations as required under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009 to be displayed on the website and ensure that the declarations on the package of the product are duly complied with and regularly updated, as and when, there is a change therein.
Limitation of Liability
In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive 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 the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).
In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Platform's entire liability and Your sole and exclusive remedy in any circumstance is limited to the following:
If You are a seller on the Platform: an amount of Platform Fees, if any, paid by You as seller on the Website to Platform for the transaction under dispute.
If You are a buyer: the Platform's entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price from the seller on the Website.
Other than the aforesaid, Platform shall have no liability to You.
You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.
In Platform's sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at 022-61576157.
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India.
If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
Coupons on lca.solutions – Terms and Conditions
Any offer contained in any electronic communication, or any communication that may be displayed on the Website, ("E-Coupons") is made by sellers registered on the Platform, and not by the Platform itself.
Registered Users using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions. The value of E-Coupons and the mode of using E-Coupons will be specifically as mentioned in the electronic communication sent to You or displayed on the Website.
One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupon shall be forfeited, and the User cannot claim any benefit or a substitute an E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.
An E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or promotion.
The Platform is not responsible for any typographical error leading to an invalid coupon. Platform does not guarantee that any one or more listings on the Website or the desired listings of the Users would have E-Coupon as the payment option. Platform is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupons, nor is the Platform is warranting or endorsing any product or services listed on the Website, nor warranting or verifying or guaranteeing the performance or conduct of any seller or of any third party. Platform shall not be liable for any lost or stolen E-Coupons and E-Coupons once issued shall not be reissued. Platform makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons.
Limitation of Liability
Under no circumstances shall Platform’s liability exceed giving the User a replacement E-Coupon of the same nature and of the same value. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Mumbai (India) only.
Bespoke Design Consultation
"Shakti Metallics Bespoke" is a design service facilitated by the Platform for its customers based in certain locations. For individuals seeking design ideas and assistance with execution, our expert design consultants work on tailor-made room concepts or interior design solutions based on products available from various sellers on the Website, and based on the requirements of the customers. Our design consultants will, after consulting the customer, provide up to 3 (three) design ideas and sketches for the customer to choose from. More options may be charged to the customer, pursuant to discussions between the design consultant and the customer.
Once a customer has confirmed the design idea and look for a particular room, the design consultant will facilitate purchase of the required products from the Website. A separate invoice will be raised on the customer for the design consultation services and any additional costs that may be expected to be undertaken by the design consultant. We aim to execute each project within 45 (forty five) days from the date of booking the order, subject to 25% (twenty five percent) of the payment being made in advance. The timelines for execution of projects may vary based on the size of the project and customer requirements.
A comprehensive quotation is provided to the customer once he/she finalizes on a design. The design consultant or a Shakti Metallics Bespoke account manager will inform customers of any change in the shared quotation. Prices, as on the date of placing the order, will apply to the selected project. 25% (twenty five percent) of the total value to be paid as non-refundable advance to book the order. The remaining 75% (seventy five percent) is required to be paid before the products are dispatched from the warehouse. Payments will be accepted through one of the following modes:
Online through the Website
The Customer shall be obligated to provide true and correct information to the Platform, the design consultant, and the Shakti Metallics Bespoke account manager. The Platform shall not be responsible for any misleading or inaccurate information, that may result in inadequate or incorrect deliverables. The customer understands that the Platform does not have control over the actions of third party service providers (including the sellers listed on the Website), and will accordingly not be responsible for any delay in services.
Grow Trees Initiative
The Platform has entered into an agreement with Grow-Trees.com, and undertakes sponsorship of tree plantation projects in various parts of the country. Currently, the Platform is sponsoring planting of 40,000 trees at the periphery of the Kumbhalgarh Wildlife Sanctuary. In the event you agree to contribute towards the Platform’s initiative, the amount indicated on the payment checkout page will be added to your final invoice, and utilized for this initiative. You will receive a certificate acknowledging your contribution to this initiative, and the certificate will be e-mailed to the e-mail address provided at the time of purchasing a product on the Platform.
FURNITURE RENTAL PROGRAMME
Shakti Metallics, in association with its empaneled Merchants, is proud to launch its new initiative in the form of the "Furniture Rental Programme" ("Programme), effective from September 15, 2017. This Programme is an unique endeavor, wherein our Merchants will provide our customers, an opportunity to procure on rent, the furniture products from a vivid collection of furniture products from various categories. The Terms and Conditions of this Programme are mentioned herein below:
1. The Programme
This Programme is a result of our constant effort to provide our customers with various options in the furniture category, and with this Programme, customers can experience their desired products at minimal cost. This Programme is intended to assist our customers in select cities with procuring on rent, furniture as listed by our Merchants, on our Website, without any hassle of submitting KYC documents, execution of comprehensive physical agreements and payment of security deposits, in a simplified manner.
Customers can avail the benefits of this Programme in tenures as available on the Website. The "date of commencement of the Rental Term" shall be the date of delivery of the Product and its required installation, if any, whichever is later. However, in case a customer requests modifications in the date of delivery of the Product, then the “date of such request” shall be treated as the "date of commencement" of the Rental Term.
This Programme is available to our customers residing in select cities in India, as available on the Programme page on the Website.
4. Rental Fee and Payment
Customers shall be required to pay 100% (one hundred percent) of the rental amount for the selected product and tenure in advance. Such Rental Fee shall be inclusive of all taxes and levies. Customer(s) may opt for any applicable mode of payment on the Website.
5. Delivery of Products and Logistics Support
The rented furniture product will be delivered within the projected timelines, upon confirmation of the order.
In the event the Customer is unwilling to receive the delivery within 15 (fifteen) days from the date of Order confirmation , then the said Order will be liable for cancellation, automatically, and the Customer will be refunded the Rental Fee, subject to deduction of 1 (one) month’s Rental Fee as "Cancellation Charges".
Merchants do not offer any replacements once the Rental Term has duly commenced. In the event the rented Products are damaged on delivery, have manufacturing defects and/or are incorrect products, Customers shall have the right to return such Products and claim refund of the Rental Fees paid. On occurrence of any such event, Shakti Metallics’s logistics support team will arrange to have the Product picked up and the Rental Fee will be refunded to the Customer.
While Shakti Metallics and the Merchants do not provide relocation services under this Programme, in the event a Customer relocates within specific city limits during the tenure of his/her rental period, such Customer shall inform Shakti Metallics in writing of the same. The cost incurred for relocation shall be solely borne by the Customer.
In the event the Customer relocates outside city limits, such Customer shall have the option to terminate the rental service or buy the product, at his/her sole discretion, by writing to Shakti Metallics of the same prior to relocation. In the event the Customer opts to purchase the rented Product, Shakti Metallics’s team shall communicate the Merchant’s offer price to the customer and the process for the same. In the event the Customer opts for termination of rental services, then Shakti Metallics’s logistics team will arrange for a pick-up from the Customers location and the Rental Fee paid for the balance tenure shall stand forfeited.
Neither the Merchant nor Shakti Metallics encourage earlier termination of the rental service by the customer. However, on occurrence of any such event, Shakti Metallics shall arrange for a reverse pick up and be entitled to deduct and retain 50% (fifty percent) of the Rental Fee paid by the customer for the balance, unavailed rental Term, as “Forfeiture Charge" and the balance 50% (fifty percent) shall be refunded to the Customer. The balance rental period shall be calculated from the date of the termination request as placed by the Customer, till the expiry of the rental period.
The Customer shall be responsible for handing over the rented Product by scheduling the appointment for pick up with our Team, on or before the expiry of the rental period. In the event the Customer is unable to hand over the rented Product on the date of expiry of the rental period, then the Customer shall be liable to pay a penalty equivalent to the daily Rental Fee (which shall be calculated as the total Rental Fee divided by the number of days of the selected rental tenure), for the period of delay.
9. Other Terms and Conditions
The Merchant shall not be facilitating any additional services such as repairs or refurbishments of the Product during the rental period. The Customer shall be responsible for maintenance of the Product during the rental term at his/her own expense.
The products rented under this Program are either gently used and returned unpacked (without any damage) to the Merchant, or might have undergone some repairs and refurbishment by the Merchant. All the products are listed by the Merchant post the applicable quality checks and are certified "Fit and Good to Use".
Shakti Metallics neither warrants that the Products for rent are free from manufacturing defects nor extends any kind of implied or explicit guarantees/warranties in relation to the rented Products.
Furniture Exchange Program
Shakti Metallics consistently endeavors to provide its customers with additional services that are intended towards creating value for the customers by launching new programs, offers & schemes. Shakti Metallics (“Shakti Metallics”) in collaboration with its various Exchange Partners. Shakti Metallics is happy to launch its new program in the form of “Furniture Exchange Program”, effective from August 31, 2017 and shall be modified from time to time.
Features of "Furniture Exchange Program"
“Furniture Exchange Program” is a result of a solidarity between Shakti Metallics its Exchange Partners to offer Shakti Metallics’s customers with the option to sell their old furniture to the Exchange Partner(s) in exchange of Shakti Metallics Gift Cards, which are redeemable against purchases made on lca.solutions (Website), subject to the terms and conditions of this Program and also that of the Shakti Metallics Gift Card.
This Program is available for the selected range of furniture and for customers in selected cities, in India.
Under this Program, the customer will have an option to sell their old furniture products (as per the Eligibility criteria) to the Exchange Partner(s). The Exchange Partner(s), will inspect the furniture product and will quote an Offer price to the Customer for such old furniture at its sole discretion. If the quoted price is acceptable by the Customer i.e. the Agreed Sale Price, the Exchange Partner(s) team will connect to the Customer, schedule for pickup of the furniture from Customer(s) location and thereafter, deliver to the customer, through an e-mail, Shakti Metallics Gift Card(s) of the value equivalent to the Agreed Sale Price, as a full and final consideration towards the sell of old furniture by the respective Customer(s), within 24 working hours. The Customer has the option to accept or reject the offer price quoted by the Exchange Partner(s) for its old furniture.
Benefits of "Furniture Exchange Program"
Enhanced Customer satisfaction, Shakti Metallics being "One Stop" to sell its old furniture and purchase of new furniture.
Hassle free logistics support to the Customer(s).
The benefits are available under the program at ZERO cost to the Customer.
Flexibility and convenience for the customers for selling their old furniture.
The visit for inspection and pick up will be scheduled with prior appointments and at the convenience of the Customer.
Customer has the option to accept or reject the offer price quoted by the Exchange Partner(s) for the old furniture.
Dedicated contact number for addressing customer queries and complaints
Eligible Furniture Products:
1) Under the said Program, following categories of furniture are eligible.
Beds- All dismantable beds , in exception to those having a dimensions less than 6 ft * 2ft & 5 inches including hospital type beds & kids beds
Sofas- All types of sofas
Dining Sets- 4 and 6 Seater Dining sets. Dining tables and chairs may be dealt separately at the Exchange Partner(s) Discretion.
Tables: Coffee tables, Study Tables, Console Tables, Side Tables, Dressing Tables except Metal Study, console and side tables
Storage: Wardrobes, Bookshelves, Drawers, Bar Cabinets, Cabinets, Shoe Racks, TV Units. (Metal storage and wall mount products are not accepted)
Office: Chairs, Tables- However, Metal products are not accepted.
Chairs: Lounge Chairs, Stools, Benches, however metal products and Bean Bags not accepted.
2) For all the other categories not listed hereinabove, Furniture may be purchased by the Exchange Partner(s) subject to the design, at the Exchange Partner(s) own discretion. The customer may be requested to share the images with the Exchange Partner(s) for its further discretion.
3) The Exchange Partner(s) reserves the right to reject the furniture on inspection, at its own discretion.
Availing of Benefits of "Exchange Program"
A customer can avail the benefits under this program through participation and by following the simple process, as mentioned below:
Click on the link of “Furniture Exchange Program” on pepeprfry.com
Fill up the Form for exchange with the requisite personal details.
The Exchange Partner(s) team shall directly reach out to the customer within 3 (three) business hours, between 11 am to 7 pm, on all weekdays (except on declared national holidays) and may seek the requisite information/specifications/images of the furniture intended to be sold by the customer.
The Exchange Partner(s) team, upon screening and evaluation may offer a sale price for such old furniture basis the images and specifications shared by the Customer with the Exchange Partner(s) Team.
The Customer may accept or reject the Exchange Partner(s) offer at his / her sole discretion.
In case of rejection of the Offer Price by the Customer, the exchange request shall be cancelled by the Exchange Partner(s).
In case of acceptance of Offer Price by the Customer, the Exchange Partner(s) team shall schedule a pick-up within 48 (Forty Eight) business hours, in consultation the Customer.
During the scheduled pick–up, the Exchange Partner(s) team shall inspect the furniture to check the accuracy of the images and specifications of the furniture initially shared by the customer.
If the Exchange Partner(s) Team is satisfied with the degree of accuracy, of the specifications on inspection, the Exchange Partner(s) Team shall pick up the furniture, issue a receipt acknowledging the pick - up and the Agreed Sale Price shall be paid in form of e-Shakti Metallics Gift Card. The Exchange Partner(s) will ensure receipt of such e - Shakti Metallics Gift Cards by its Customer(s), within 24 (Twenty Four) business hours of pick up, through an e-mail, which the Customer can redeem against any subsequent purchases on lca.solutions, subject to the applicable Terms and Conditions of the Shakti Metallics Gift Card.
If the Exchange Partner(s) Team is not satisfied with the degree of accuracy of the specifications on inspection, the Exchange Partner(s) Team may reject the furniture, at its own discretion and the Exchange request shall be cancelled.
The customer shall contact the Exchange Partner(s) on the dedicated contact number of the Exchange Partner(s) as showcased on lca.solutions for any queries and complaints.
Complaints related to redemption of the Shakti Metallics Gift cards issued to the Customers by the Exchange Partner(s) shall be jointly addressed by Shakti Metallics and Qwikcilver.
Other Terms and Conditions
The Shakti Metallics Gift Cards offered to the customer(s) shall be redeemable as per the Terms and Conditions of Shakti Metallics Gift Cards.
The Customer shall be compensated with the consideration i.e. the “Agreed Sale Price” only in the form of e - Shakti Metallics Gift Cards.
Shakti Metallics and the Exchange Partner(s) do not extend any kind of guarantees whether implied or explicit, as to quoting the highest or best prices for the old furniture under this program.
Pursuant to this Program, Shakti Metallics is a mere initiator and facilitator towards execution of the transactions undertaken between the Exchange Partner(s) and Customer, wherein Shakti Metallics shall only be required to forward the leads or requests to the Exchange Partner(s).
Shakti Metallics shall not be held responsible for any misleading or inaccurate Customer Data provided by the Customer.
Shakti Metallics may, at its sole discretion, review and modify the aforementioned program from time to time.
The Exchange Partner(s) solely, shall be responsible and liable for all the requisite compliances and its implications under Goods and Service Tax, as may be applicable on the transactions executed under this Program. Under no circumstances, Shakti Metallics shall be held accountable and liable for any tax liability under this Program.
Shakti Metallics reserves the sole right to modify or withdraw, fully or partially, the benefits offered under this Program, without any prior notice.
Shakti Metallics shall not be liable for any kind of direct or indirect as well as financial or non – financial liabilities which may arise in the future due to, including but not limited to, customer complaints, deficiency in services, misleading information etc.