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Terms of Sale
Copyright ZingyHomes - 2013 - . All rights reserved.
1.1 The Ecommerce Terms and Conditions below shall apply to all online purchases done at www.zingyhomes.com. The site www.zingyhomes.com (hereinafter "ZingyHomes" or the "Site") is a web portal owned by Zingy Marketing Ventures Pvt. Ltd. (hereinafter “ZMVPL”) having its registered office at 202, Shivam House, Karampura Commercial Complex, New Delhi 110015, India.
1.2 This document is legally binding for both parties, as it is the agreement between the web user, also mentioned as the "Client", and ZMVPL. By using our navigation services on our site and our ecommerce services you are requested to accept our Terms of Sale hereby listed.
2.1. MVPL allows all users to purchase products (hereinafter the "Products") offered on its Site. The Site allows purchases only to users that:
2.2 ZMVPL shall retain the right to prevent the use of our Site to those who act in breach of these Ecommerce Terms and Conditions.
2.3 Any changes and/or new clauses shall come into force upon their posting in the "Terms of Sale" on the Site.
2.4 It is the responsibility of the Buyer to visit the Terms of Sale page and update themselves before making any purchases through the Site.
2.5 Should Buyers refuse to accept the changes in our Terms of Sale, they shall refrain from purchasing products on our Site and may be entitled to ask for cancellation of their registration.
- Buyer Registration
3.1 To purchase products on the Site, Buyers have to go through a registration procedure.
3.2 Getting registered allows the Buyers to avoid writing their personal data each time they want to purchase a product. It also allows for monitoring shipments, processing claims and returns.
3.3 In order to safeguard quality and security of our ecommerce platform, we retain the right to refuse a new registration or to cancel an "account" at any time, should it be involved in illicit activities.
3.4 Should you fail to register and accept our Terms of Sale, you will not be able to purchase any products on our portal.
3.5 Clients can register either by filling in our registration form or by using their Facebook, Twitter or Google+ accounts. In either case, Buyers will need a password to log in, that can be changed at any time. The registration will be confirmed via email, that we will send to the email address provided by the Client. Username/email address and password will be required by Buyers to access our platform.
3.6 All Registration information is personal and cannot be given to third parties.
3.7 Registration Information can be changed by Buyers at any time. Should Buyers believe that their credentials have been stolen, lost or misused, they are required to inform ZingyHomes.
3.8 By registering Buyers are required to provide correct and true data and accept liability for any false or fraudulent information, and for all kinds of behaviour, which might be prosecuted. Buyers also accept to keep ZMVPL harmless from any sanctions, compensation requests linked to and/or deriving from any breach of registration rules. Buyers are responsible for accessing their own account by using the Login credentials assigned to them. They are also liable for any damage or prejudice caused to our platform performed via their Login Credentials.
3.9 Any activity performed through a set of Login Credentials shall be considered as carried out by the Buyer with whom those Login Credentials are associated with.
3.10 All registrations shall be carried out by using legally active email addresses. Any profiles created with the email address belonging to a different person, or a temporary email, an email address already in use or a non-validated email address, may not be accepted. The registration procedure may not be finalised or, if finalised, the profile may be cancelled with no previous notification.
- Information on Items Available for Sale on Site
4.1 The items for sale on the Site are uploaded by Manufacturers from interior design, architecture and construction industry (hereinafter the "Manufacturer"). Their trademarks are visible on the Site on their “Company” pages.
4.2 The following information on the items for sale form an integral part of the sale contract between ZMVPL and the Buyer: the Terms of Sale, trademark, product name, its variants, price, availability, payment terms.
4.3 All images and descriptions of products posted on our site are provided by Manufacturers. Who hold ZMVPL harmless from any liabilities related to any discrepancies between the ordered product and its description on the site or its availabilty. Nevertheless, in case of any grave discrepancies the Buyer has the right to terminate the contract or to a price reduction.
4.4 All prices on the Site are indicated in INR unless specified otherwise. All prices on the Site are VAT included. Shipping costs are calculated according to the delivery place location and are listed separately. Delivery times indicated correspond to a minimum and maximum estimated delivery dates.
4.5 Items for sale on the site may have limited quantities or may be available for a limited time. Buyers must always check for availability next to each Product.
5.1 Items are sold and shipped directly by their Manufacturer, also called “Product Company” or “Seller”. The name of the "Seller" (hereinafter the "Seller") is clearly visible next to each Product.
5.2 ZingyHomes acts solely as provider of platform and ecommerce services, thereby declining any liability regarding the commercial relations between the buyer and the third-party Seller. The Seller shall be the sole liable party involved in the sale of products, their shipment, their delivery and in processing any possible returns, withdrawals or controversies with the buyer.
- Ordering and Payment method
6.1 Buyers can buy one or more products posted on the Site by clicking on the button "Order Now". Once all the desired articles are in the cart, the Buyer can buy the Products by clicking on the button Checkout.
6.2 During the purchasing procedure Buyers can add their personal data, shipping address of the items, data for possible invoicing, selected payment method, authentication credentials for payment. Payments are processed by third party payment gateways like ccavenue.com.
6.3 Sending a Purchase Order is an irrevocable commitment by the Buyer to perform a purchase. It can be put under scrutiny only when provided for by the law.
6.4 All Purchase Orders are recorded on the platform and Buyers can see them at any time by accessing the Site under the section named 'My Orders'. Once the Purchase Order has been sent, Buyer shall receive the Order Cart in their mailbox, at the email address provided in the Registration Form. The Order Cart shall bear all the items ordered along with their quantities and value. Nevertheless, Buyers are advised to keep the email received as proof of their purchase, by recording it on electronic media.
6.5 The payment can be made using any of the methods supported by ccavenue.com.
6.6 Should ZMVPL fail to receive payment within 7 days from the date of the Purchase Order, it shall reserve the right to cancel the order.
6.7 ZMVPL retains the right to reject, at its sole discretion, any purchase order coming from any Buyer, that might seem peculiar in relation to the quantity of items purchased or frequency of performed purchases.
6.8 It is hereby agreed and stipulated that all Order processing operations will be done by the Manufacturer or the Product Company or the Seller of the products ordered and not by ZMVPL.
7.1 After the payment is received, the Seller will raise an invoice and email it to the Buyer. If there are multiple products ordered from different Sellers, the Buyer will receive a separate invoice from each individual Seller. Should the invoice not reach the Buyer within 48 hours of placing the order, the Buyer should bring the matter to ZMVPL's attention. A copy of each invoice will also be shipped with the product(s).
7.2 All invoices shall be issued as per the information provided by the Buyer in the Purchase Data section of the Site. For this reason Buyers are advised to verify such information thoroughly.
- Order Cancellation
8.1 Buyers wishing to cancel their Purchase Order shall proceed within 24 (twenty four) hours from the order issue date. Later Buyers will be allowed to cancel only those orders waiting for payment. It is also possible the full or partial cancellation of the ordered articles is still not accepted by ZMVPL or the Seller.
8.2 Cancellations requested by Buyers as per paragraph n. 8.1 may entail additional costs. ZMVPL or the Seller will refund the Buyer with the amount paid minus any payment processing charges or any other charges that may have been incurred between the time of ordering and cancellation.
- Refunds for Unavailable Items
9.1 Items for sale may suddenly become unavailable due to them being sold out. This might happen even after the Purchase Order registration. Should a product become unavailable, the buyer shall be informed either by phone or by email within 20 (twenty) days from the Order date, and the Purchase Order shall be modified only with regard to the unavailable product.
9.2 Should a buyer have already paid for the unavailable item, ZMVPL or the Seller shall refund the sum paid by the buyer, including shipping costs, within 10 (ten) days starting from the date the buyer receives the communication advising the unavailability of the purchased product. The buyer shall be informed by email about the exact amount refunded. This amount will be credited to the buyer using the same payment method chosen by the Client to perform the relevant purchase, or via bank transfer.
9.3 ZMVPL shall not be liable for any delays in the crediting of refunded sums that are due to the banking houses used by buyers to perform payment.
- Terms of Delivery
10.1 Deliveries shall be made at the postal address provided by Buyers when performing the purchase procedure and recorded in the Purchase Order. Therefore, buyers are responsible for the address provided. Sellers shall not be liable for any mistakes related to shipments or wrong delivery of products, due to mistaken or incomplete information provided by buyers when filling in their Purchase Orders.
10.2 Delivery times will be informed to the Buyer by the Seller as a time period with a minimum and maximum estimated delivery date. Should the Buyer not receive this information within 48 hours of issuing the order, they must inform ZMVPL about it.
10.3 Any delays due to Credit Card payments and days elapsing from the bank transfer order by the Client and its finalisation shall not be included in the Delivery Time unless due to Seller. Delivery times are approximate and could not correspond to the date communicated in the Order Confirmation sent to the Client via mail.
10.4 Buyers hereby acknowledge and accept that products sold and shipped by different Sellers in one Purchase Order necessarily entail different delivery times and costs for each product. Buyers are kindly invited to always check the delivery times provided by the different Sellers.
10.5 Buyers hereby acknowledge and accept that when all products included in one Purchase Order belong to the same Seller, items might be shipped and delivered in different ways and times, according to availability and manufacturing lead time of each one.
10.6 Information regarding shipment and delivery may vary as per seller. Buyers are advised to check for this information with the Seller. The Seller shall be the sole liable party concerning shipment and delivery.
10.7 Products can only be delivered to the Buyer or to a person bearing full confidence of the buyer and acting as Consignee on his behalf. The buyer or the Consignee shall check that packaging is pristine and clean at delivery time and that the Products received match with the ones listed in the relevant Purchase Order.
10.8 The risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Client when the Client, or a third party by the Client designated and other than the Carrier, physically comes into possession of the good.
10.9 The Seller, selling on his own behalf, shall not be liable for damages to the products or for any shipment delays occurred after collection of the products by the Carrier.
10.10 Should the buyer or the person acting as Consignee on behalf of the buyer find that products have visible defects, such as wrong number of packages, or lack of integrity of packaging, the buyer or the Consignee shall immediately advise this by writing it in the shipment documents provided by the Carrier. Moreover, the buyer or Consignee shall contact ZMVPL or the Seller on the platform and also by registered post within 3 (three) working days after the anomaly is found.
10.11 In case of delays in deliveries or non-delivery, the buyer shall inform the Seller or ZMVPL. The Seller shall contact the buyer within 3 (three) working days.
10.12 Both ZMVPL and Sellers shall not be deemed liable for any delays in shipment or deliveries due to: national or local bank holidays, strikes, riots, natural disasters, accidents, theft or robbery. Should the force majeure event persist for more than 3 (three) months, the Order shall be automatically cancelled.
- Product Replacement or Return in case of Discrepency
11.1 Should Buyers find that there are problems with the products received, they have the right to directly contact the Seller's Customer Care Service, within 3 (three) days from delivery, in order to advise any discrepancies with their Order, which may be wrong items, damaged items, defective items or items with missing parts.
11.2 Any returned item shall be replaced.
11.3 The return file is open upon reception of a written complaint sent by the buyer, which may include photos of the damage claimed.
11.4 In case of a Return, the Seller shall contact the buyer within 3 (three) working days in order to shorten waiting time and provide all necessary information regarding the return procedure, specifically, the delivery place for the returned item and the label to be placed on the package.
11.5 When a product is returned, it is the buyer's responsibility to package the item, and all its parts, correctly inside the original packaging material in order to avoid damages.
11.6 The replacement product manufacturing process and its shipment shall start upon reception of the returned product. Replacing a product or a part of it may require the same or longer shipment and delivery time indicated in the relevant Purchase Order.
11.7 All expenses linked to returning and replacing a product, as indicated in the above mentioned clauses of this section, shall be borne by the Seller.
12.1 All products are sold with a Compliance Warranty.
12.2 Manufacturers are the sole and direct liable parties in case of production defects or diversity of the goods.
12.3 Manufacturers are liable to declare their warranty policy clearly to the buyers.
12.4 Buyers shall contact ZingyHomes Customer Service writing to customerservice at zingyhomes.com in order to exercise their warranty. Our Customer Service shall provide all necessary information supporting buyers in exercising their rights.
12.5 Buyers shall only be able to access their warranty when they have their proof of purchase available.
13.1 ZingyHomes shall not be liable for loss of turnover, gains, data or for any other indirect damage of any type deriving or linked to contracts drafted under the Terms of Sale.
13.2 ZingyHomes liability for platform malfunctions such as: wrong Order confirmation reception due to a block of the email service, cyber-attack, and denial of service, shall never be over the total value of the Purchase order.
13.3 ZingyHomes liability in connection with the sale of products on its platform shall never be over the price paid by the Client for a product. This rule does not apply in case of gross negligence or wilful misconduct.
- Applicable Legislation
14.1 All contracts concluded via our platform are to be intended as concluded in India. However, should one or more clauses of this document become invalid due to a final decision of a competent Court or due to a change in the Indian laws in force, all other clauses shall continue to be valid.
14.2 ZingyHomes shall not be liable for any breach of the obligations described in this document or deriving from any contracts concluded under the Terms of Sale in case such breach is due to unforeseeable circumstances or force majeure, including (merely as examples): natural disasters, terrorist attacks, malfunction of the internet, and/or blackouts.
14.3 The High Court of Delhi shall have exclusive Jurisdiction and the Indian laws shall apply.
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