1.1. Products offered under sale (Supply Term) are applicable on all products and services purchased through www.theurbanelephant.com, the website owned and operated by Plumberry Designs Private Limited, a company incorporated under the Companies Act, 1956, and also a ‘company’ under the Companies Act, 2013 ("Company" or "The Urban Elephant" or "We" or "Us" and its successors and assigns). Under these Supply Terms, the users of this website will be referred to as ("You" or "Your" or "Yourself" or "User" or “Customers”).
1.3. If you do not agree to our SUPPLY TERMS, please restrain yourself from accessing our website and making any purchases henceforth.
2.1. Our website is a platform for online sale of furniture and non-furniture products including home décor and furnishing ‘products’and allied ‘services’ offered by The Urban Elephant and the purchase of these products and services by you. As a matter of fact, all products are manufactured and sold under the brand “The Urban Elephant,” which is owned and operated by The Urban Elephant.
2.2.The Urban Elephant has the sole right to suspend, discontinue or change any ‘products’ and ‘services’at any given point in time and without any prior notice. The Urban Elephant may at any point, add or amend the conditions, processes, procedures or modes of purchase at its own discretion. The Urban Elephant cannot, under any circumstances, be held responsible or liable to ‘you’ or any other third party for the suspension, discontinuation, or change in any product or any aspect of the services offered.
PRODUCTS AND SERVICES
3.1.The Urban Elephant sells a variety of products under its furniture and non-furniture category. Services, including shipping, in with respect to the products shall be delivered in accordance to The Urban Elephantpolicy, which is subject to changeby The Urban Elephant at any point in time without any prior notice.
4.1. You are solely responsible for your actions in using the ‘products’ and ‘services’ and the website in terms of the services availed or purchases made by you through the website. The Urban Elephant does not take any responsibility about the same and cannot be held liable for your actions or the consequences of your actions thereof.
4.2.When you make a purchase through our website, you automatically represent that you are of a legal age to make the purchase and agree to bind by the contract thereof. You also represent that you are not forbidden to make the purchase of our products or services and are applicable so as per the law in India.
5. PRICING INFORMATION
5.1. The Pricing Information relating to the product shall be as displayed on the websiteand shall be the same as disclosed to you at the time of making your purchase/order.
5.2.The Urban Elephant does not assure you that the price displayed on our website shall reflect the lowest price for similar products available within any given locality, city, region or geography. Prices and availability of the products on our website are subject to change without any prior notice. We shall not hold any consequential liability for the same to you.
5.3.The Urban Elephant aims to offer/display precise information regarding its products and services including pricing information. Despite our efforts there are chances for that a typographical and other errors might happen. In case when a product or service is listed at a wrong price or with incorrect information due to an error, The Urban Elephant shall modify the incorrect price of the product or the service. If you have made a purchase at the incorrect price, this shall be conveyed to you through along with further instructions through an email address provided by you at the time of registration with us. We may also cancel the order and notify you about such cancellation, if deemed appropriate by us. If,TheUrban Ladder cancels the order after the payment has been initiated by you, the total amount will be settled to your account from, which the payment was made. You will not be charged any cancellation fee in such events.
5.4. Discount coupons, if any, including Employee discounts, Employee Referrals & Sign-up Promotion (FTC), will not be accepted during the sale-period. However, vouchers including customer referral codes and vouchers, any replacement/gift vouchers that our customers might have received will be accepted. The Urban Elephant reserves the sole right to change/discontinue discounts offered at any given point in time during the sale and without any prior notice. ---- This needs to be verified by Asheesh.
6. CARD DETAILS
6.1.You might be required to share your credit or debit card details at the time of making the payments to the approved payment gateways. Therefore, you agree to share the valid, correct and accurate credit/debit card details to the approved payment gateways at the time of purchasing a product/s or availing the service/s on our website.You also agree to not use the credit/debit card, which you are not authorized to use or do not own legally. The information, which you share with us shall not be utilized or disclosed with any third party except for cases, where it is extremely necessary for fraud verifications or obligatory by the law, directive or court order. You agree to take the sole responsibility of the confidentiality and security of your credit/debit card details. The Urban Elephant explicitly disclaims itself from all liabilities that may arise thereof, as a result of any unlawful and illegitimate use of your credit/debit card on our website.
7. PRODUCT DELIVERY
7.1.The Urban Elephant will verify your shipping address and pin code to confirm the serviceability with our database before allowing you to proceed with your purchase payment. If your order is not covered in the areas or pin code serviced by us, we will request you to provide an alternative shipping address serviced by us. In case of a dispute with respect to the shipment/delivery of the product or servicefor the area not serviced by The Urban Elephant, The Urban Elephant will neither ne held responsible for not delivering such product or services nor shall it be held liable in any way. You are free to make a purchase on our website from any part of the globe, however, the delivery address of the product/service should be well within India and in an area serviced by us.
7.2. In case of multiple orders for products/services in one transaction, The Urban Elephant will attempt to ship/deliver all the products together. However, we do not guarantee the same always. Once your orders are ready and The Urban Elephant makes delivery attempt once, and you fail to receive the order/s, you will be charged for shipping in the subsequent attempt. If you fail to receive your delivery in the second attempt as well, The Urban Elephant shall be free to cancel the order.
8. CANCELLATIONS, RETURNS AND REFUNDS
8.1. For details visit our cancellation, returns and refunds page here.(Add hyperlink to the word here and redirect it to the Cancellation, Returns and Refunds page)
9. SHIPPING and DELIVERY
9.1. For cities that are not serviced by The Urban Elephant, we may deliver the product and offer post sale services if it is operationally feasible for us. In such cases, we may deliver the product to your delivery address/doorstep [provided (a) You make the payment in full at the time of placing the order. (b) You agree to pay for the transportation cost in full and make the payment for it in advance. We will not be able to offer installation service while the products will not be covered under any warranty. However, The Urban Elephant may at its own discretion, resolve any post sales related issues and/or offer installation services. You can drop us a mail at email@example.com for more details.
9.2. The Urban Elephant does not offer After Sales Services wherein the sales transactions have been made to business or corporate offices.
9.3. The prices on website are subject to price fluctuations and can be changes or modified anytime, without any prior notice. The Urban Elephant is not liable to disclose the factors to you or any other party. However, you will have to pay the amount for the product as was mentioned at the time of purchase made by you and the one that reflects on your invoice as per the date of the transaction.
9.4. Delivery to certain pincodes by The Urban Elephant is done conditionally. In such cases, you may need to make an advance payment in full to be eligible for delivery.Warranties and after-sales services are exempted for such locations. Please enter the pincode for your delivery location to know the status of your location in the box provided on every product page.
9.5. All Services are provided on an “as is” basis. The Urban Elephant does not make any warranties, whether express or implied, in relation to the services, in particular those of merchantability, non-infringement or fitness for purpose. ---- (Asheesh please check and edit this.)
10. WARRANTIES and CLAIMS
10.1.Do not forget to check the standard warranties and the conditions to use the products in relation to each product. Claims(a) That are contrary to the above or (b) Where products have not be used as specified or have been used contrary to the conditions of usage, will be accepted o\r entertained.
11. INDEMNIFICATION and LIMITATION Of LIABILITY
11.1. You agree to indemnify, defend and hold harmless The Urban Elephant 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 Urban Elephant 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. --- Asheesh/Jai please edit this. This is copied w/o any edits.
11.2. In no event shall The Urban Elephant, 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 Urban Elephant 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 Urban Elephant entire liability to You under this Terms of Offer For Sale or otherwise shall be limited to the refund of the moneys paid by You, for any Product or Service in connection with r which the claim has arisen, which amount shall be refunded You. --- Asheesh/Jai please edit this. This is copied w/o any edits.
12. THE LAW
12.1. The Supply Terms and the association between you and The Urban Elephant shall be governed at par with the Indian lawsystem without reference toconflict of laws principles.
12.2. All claims, disputes and alterationsresulting from or in connection with or in relation to these Supply Terms or any transactions entered into on or through the website or the relationship between you and The Urban Elephant shall be subject to the jurisdiction of Delhi courts. You hereby,agree and accept the jurisdiction of such courts.