1. Website Terms and Conditions of Use
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.
This Terms and Conditions govern your use of this website, www.October Design Solutions.com, October Design Solutions Mumbai offer of products for purchase on this Website, or your purchase of products available on this Website. This includes, and incorporates by this reference, the policies and guidelines referenced below. October Design Solutions Mumbai reserves the right to change or revise the terms and conditions of use any time. Your use of the Website following the posting any such changes or revision will constitute your acceptance of any such changes or revisions. October Design Solutions Mumbai encourages you to review terms and conditions of use whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website .If you do not agree to the terms and conditions (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print the terms and conditions, please click the print button on your browser toolbar.
2. Products – Basic Information
The products shown on the Website are for sale exclusively to individuals who purchase such products for personal uses that differ from the nature of their commercial or professional activity. Product purchases are only possible if the delivery address is with in India only.
The resale, rent or transfer of products purchased from the Website for commercial or professional purposes of any kind is strictly forbidden.
An order confirmation email will also be sent to the email address entered by the customer in the on-line order form.
3. Placing of Order
3.1. Every product selected by a user of the Website can be viewed in web page containing the product description, photographic images and listing the unit price (inclusive of all taxes), available colours and sizes or measurements.
3.2. Every sale authorised via the Website may concern one or more products, with a maximum limit of units indicated per item.
3.3. The customer, having identified the items they require, should then add these items to their Cart. In this Cart, a brief summary of the items selected, together with measurements or sizes, and one or more photographic images in digital format which gives a satisfactory representation of the items selected will be given.
3.4. It is the responsibility of the customer to check the Cart contents before placing the order; they must also complete the on-line order form according to the order procedure instructions given on the relevant page of the Website and confirm they have read and agreed to these Terms.
3.5. The order process is deemed complete when the customer selects the “Checkout” option on the order summary page which is displayed once the order procedure requirements have been met. At the same time the order is sent directly to the ware house for clearance and may not be modified or cancelled thereafter.
3.6. Although constant steps are taken to ensure that the photographic images shown on the Website representing real products are as accurate as possible, the possibility remains that certain differences may be perceptible as a result of the technical specifications and the colour resolution of the monitor or screen used by the customer. Consequently, for the above technical reasons October Design Solutions neither accepts responsibility for nor guarantees the complete accuracy of the graphic representations of its products shown on the Website.
3.7. October Design Solutions reserves the right to reject orders from customers that it believes may not fulfill their contractual obligations; by way of an example, refusal may occur in instances where the terms and conditions of on-line orders via the Website were previously not met.
4. Product availability
4.1. The customer hereby takes note that stocks of products offered for sale on the Website are limited. Products deemed in stock and available for purchase by customers will be displayed on the Website. Occasionally, problems may be encountered regarding the availability of certain products. Should such problems occur, the customer will be informed as soon as possible (and in all cases before the specified delivery date) via email or telephone. The customer will then be given the choice of: ordering another item; cancelling the item from the order; or cancelling the whole order. If the customer decides to cancel the whole order, no money will be taken from their account.
4.2. October Design Solutions reserves the right to change or update the products offered for sale on the Website at any time and without prior notice.5. Prices and payment methods
5.1 The prices of all products displayed on our website include all taxes, shipping cost extra. Shipping costs are calculated based on cumulative weight of entire order and are different for domestic and international delivery
5.2 The prices of products available for sale are only in Indian Rupee.
5.3. The ordered product(s), together with the delivery costs to be charged to the customer as stated in these Terms and Conditions will be displayed in the Cart and on the order summary page shown when the order procedure requirements have been met.
5.4. October Design Solutions reserves the right to modify the prices of the products offered for sale on the Website at any time and without prior notice. The client will be charged for the goods at the prices shown on the Website when the order is placed, except in cases where products are out of stock (see paragraph 4.1)
6. Delivery constraints
6.1. Products will be sent to a valid address entered by the customer in the on-line order form. Any non – delivery due to incorrect name, address or mobile/contact number will be considered only on extra re-delivery charges on the specific request of the customer.
6.2. October Design Solutions will not dispatch an order to a PO Box and will not clear any order in which it is impossible to identify any of the following: the individual who placed the order; the individual the goods are addressed to; or the delivery address.
6.3. Octroi-charges, where applicable, are to be borne by the customer and are not refundable.
7. Delivery information
7.1. The amount charged for delivery can be viewed by the customer, in addition to the ordered quantity, before placing the order (either in the Cart or on the order summary page).
7.2. October Design Solutions will take every possible step to ensure customers receive their products as soon as possible. October Design Solutions reserves the right to delay the delivery or to cancel the overall order as one or more products are not available. The customer will be informed by the Company’s Customer care service.
7.3. If there are any delivery problems or delays of up to 10 (ten) working days after the date stated in the order confirmation email (see paragraph 2.5), the customer is requested to inform of this situation via the Contact Us section of the Website.
8. Cancellation and returns
8.1. The customer can exercise right of cancellation/return. If the customer decides to cancel/return the order, he/she has to do the same through email to [email protected] within two days of placing the order and specifying the order number and date.
8.2. i) In case the product is damaged while transporting ,the customer has option to exercise his/her right to return the products delivered to him/her which he/she has to do through email to contact@October Design Solutions.com within 48 hours of receiving the ordered products and specifying the order number and date. The product has to be couriered back to us for repair with courier charges to be borne by the customer. The repaired product will be returned to the customer within 15 to 20 days at the company’s cost.
(ii) It may be noted that delivery costs for item returns will always paid by the customer.
(iii) October Design Solutions agrees to refund as soon as possible the full amount minus incurred shipping charges and COD charges (wherever applicable) and in all cases within 14 (fourteen) days of receiving notice of cancellation/return, as long as the items are returned intact, have not been used and are returned in their original packaging/wrapping, together with any accessories, quality labels and instruction manuals.
(iv)If some hardware part is damaged due to usage within fifteen days then the product has to be couriered back to us for repair with courier charges to be borne by the customer. The repaired product will be returned to the customer within 15 to 20 days at the company’s cost.
8.3. October Design Solutions will inform the customer as to the method it shall use to get refund; the customer will, in any case, receive the refund via the same means used to make the purchase.
8.4. If the customer exercises his/her right of cancellation/return in a manner which does not comply with the stipulations and methods stated above, he/she is going to lose his/her right to get be refunded.
8.5. October Design Solutions will verify whether or not the returned items are in their original condition; in the event that items returned by the customer are damaged, incomplete, worn and/or dirty, no refund will be given. October Design Solutions also reserves the right to charge the customer for any damage to or divergence from the delivered products. Should products, as a result of a cancellation or return, be sent back using a different carrier to the one specified by Company, the latter will not be held responsible in the event that the products are lost, are sent to the incorrect address or in the event of delayed delivery; the customer assumes all risks deriving from such a delivery method.
Wear and Tear
Slight changes in a natural material, reproduction of colour and texture on different skins exactly the same is not possible. Slight variation cannot be reason for its rejection.
Besides it is prone to hairline cracks, scratches and small marks with the usage and hence don’t fall in the category of defects.
Further fabric and metallic fittings are also part of the product which may lose original shine or after some usage there might be some variation in its appearance, which is just natural and cannot be termed as defect
Customer Solicitation: If you desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from October Design Solutions and its designated in house or third party call team(s).
Opt Out Procedure: If you want to opt out of from future solicitations, you may send request to our email address or you may send a written remove request to October Design Solutions address.
Proprietary Rights. October Design Solutions has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by October Design Solutions Inc. October Design Solutions also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sale Tax If you purchase any Product(s), you will be responsible for paying any applicable sales tax and other taxes.
WEBSITE Content; Intellectual Property;
October Design Solutions does create the content on this Website, such content is protected by intellectual property laws of the India. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use.
Use of Website; October Design Solutions is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from October Design Solutions or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant October Design Solutions a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. October Design Solutions does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. October Design Solutions is not liable for any damage or harm resulting from any posts by or interactions between users. October Design Solutions reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content October Design Solutions deems objectionable.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. October Design Solutions EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, October Design Solutions MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
October Design Solutions ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
October Design Solutions WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless October Design Solutions and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to October Design Solutions, When October Design Solutions is threatened with suit or sued by a third party, October Design Solutions may seek written assurances from you concerning your promise to indemnify October Design Solutions; your failure to provide such assurances may be considered by October Design Solutions to be a material breach of this Agreement. October Design Solutions will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of October Design Solutions choice at its expense. October Design Solutions will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend October Design Solutions against any claim, but you must receive October Design Solutions prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by all terms and conditions on this Website.
Force Majeure. October Design Solutions will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. May at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of October Design Solutions to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction: This Website originates from the city of Greater Noida, Uttar Pradesh. This Agreement will be governed by the laws of the State of Uttar Pradesh without regard to its conflict of law principles to the contrary. Neither you nor October Design Solutions will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Uttar Pradesh By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. October Design Solutions reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and October Design Solutions may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, October Design Solutions reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until October Design Solutions chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. October Design Solutions makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. October Design Solutions may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.