This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 (together with any statutory amendments or modifications thereof). This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.homeburps.com (hereinafter also referred to as the “Website”) is an online store operated and managed by Homeburps.com., having its office at, D-22, Sector 7, Noida, U.P. (herein after referred to as “We” or “Us”).
“You” or “User” (wherever the context so requires) shall mean any natural or juridical person, who agrees to become a buyer and uses the Website, including but not limited to any person who has provided data, and shall include a user who has registered on the Website as a buyer/member with a User Name and Password (“Registered User”/ “Member”).
By using the Website whether registered or not, you agree to have accepted and shall be bound by the terms and conditions of use of the Website as hereinafter defined (herein after referred to as “Terms”), which is, for an indefinite period. If you have any queries about the Terms or have any comments or complaints on or about the Website, please email us at firstname.lastname@example.org. We reserve the right to change the Terms or any part thereof, from time to time, without prior notice or any obligation to inform you and it is your responsibility to regularly check for any changes, modifications or amendments, from time to time. You can access the latest version of the Terms at any given time on the Website. In the event the Terms (or any modified version thereof) are not acceptable to you, you are advised not to obtain access to or otherwise use the Website. However, if you continue to use the service/Website you shall be deemed to have agreed to accept and abide by the Terms. [Save and except where additional terms and conditions are specifically provided in relation to a particular product (which shall be in addition to and not derogatory to these Terms),] these Terms shall always supersede any other understanding whether oral or written.
2.1 Accuracy of content and disclaimer:
We have taken all care and precaution to provide accurate data and information on the Website, as far as possible, while relying on correctness of information on the products provided by third party vendors, particularly in relation to prices and description of the products. However, you must bear the risks associated with the use of the Website. The Website provides contents from other resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
The Website is provided without any warranties or guarantees and products are offered on “As Is Where Is” basis. We would like to caution you that description of the products displayed on the Website is only brief and indicative in nature, for the purposes of your guidance. Packaging may vary from what is shown on the Website. The weights, dimensions and capacities given are approximate only. Actual colors of the products may be different than what appear on the Website. We make no representations or guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on the Website.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment as a result of access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
We hereby expressly disclaim to the fullest extent possible under law, all warranties and representations or conditions whether express or implied (including without limitation, warranties or conditions in relation to accuracy, reliability, completeness of any content, information, software, text, graphics, links or communications provided on or through the Website, merchantability, fitness for a particular purpose or use and non-infringement of any third party’s intellectual property rights in relation to the products and services provided through the Website or that the operation of the Website will be error free and/or uninterrupted. We shall not be held liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this Website. [This disclaimer however does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications.]
2.2 Offer and Acceptance:
All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer to purchase, which shall be subject to our final acceptance of your offer. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered by you. Dispatch of all the product(s) or any quantities of the product ordered by you, may or may not happen simultaneously, in which case dispatch of a portion or part of your order shall not be deemed to be an acceptance of the entire order placed by you. The balance order, which has yet not been dispatched by us, shall continue to be on offer by you, until accepted by us. We reserve the right to accept or reject such balance order. No act or omission prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we shall notify you by email as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
While we endeavor to make timely delivery of all products ordered but at no time shall we be held liable or responsible for any 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. Please refer to our ‘Shipping Policy’ (which shall form part of these Terms) for further details.
[We do not deliver products outside India and will not be liable for any claims relating to any products ordered from outside India. We also make no representation that any products or services referred to in the Website are available in all parts/states of India.] Those who choose to access this Website are responsible for compliance with local laws of a particular state from where they are ordering, if and to the extent certain local laws are applicable for use of the Website and for purchasing of products from outside their state.
Please note that some states in India prohibit direct sale of merchandise from other states and require special documentation to affect such sale without the incidence of dual taxation. We retain the right to accept or reject an order, which requires delivery from one state to another at our sole discretion.
2.3 Quantity Restrictions:
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address [or under the same Membership/User name]. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
Orders once placed and dispatched cannot be cancelled save and except as provided in our Cancellation Policy. Please refer to our ‘Cancellation Policy’ (which shall form part of these Terms) for terms of cancellation of an order. In any case cancellation shall be at our sole discretion.
2.5 Return, Replacement & Refund:
“Return” is defined as the ‘action of giving back to us, any product purchased by you, by way of transaction made through the Website’. Return pertains only to (i) defective product (as received by you); (ii) incorrect product shipped by us; or (iii) product damaged during shipping or the like (“Returnable Item”) and shall not include any other product including product damaged after receipt due to mishandling or misuse by you. It is clarified that in case you order a wrong item, you shall not be entitled to any return, replacement or refund. We strongly recommend that you inspect the product shipped to you at the time of taking delivery and do not accept delivery in case you receive a Returnable Item. Please refer to our ‘Return Policy’ (which shall form part of these Terms) return of any item. ‘Risk of loss and title for any item shall pass on to you as soon as we deliver it to our shipping/logistics/courier partner’. In any case Return shall be at our sole discretion.
2.6 Eligibility to use:
Only persons eligible to enter into legally binding contracts under applicable law are eligible to use this Website. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 (as may be amended from time to time) including but not limited to persons of unsound mind, minors or un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to [refuse membership or terminate your membership or to] refuse to provide you access to the Website or delivery of any product(s) or services(s), at our sole discretion without assigning any reason whatsoever, in case you are ineligible. The Website is not available to Members whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.
2.7 Usage Restrictions:
You shall not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Making, transmitting or storing electronic copies of any materials, content or other information contained on the Website, whether protected by copyright or other laws or not, without our express prior permission or of the owner.
- Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer / network systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any law.
- Interfering or disrupting networks or websites connected to the Website.
- Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us.
- Harming minors in any way.
- Impersonating another person.
- Threatening 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.
- To intentionally submit on the Website any incomplete, false or inaccurate information.
- Making any unsolicited communications to other users of the Website.
2.8 Your Account and Membership
You (as a Registered User/Member) shall be responsible for maintaining the confidentiality of your User Name and Password and for all activities that occur under your User Name. You agree that if you provide any information that is untrue, inaccurate or incomplete or we have reasonable grounds to suspect that information provided by you is untrue, inaccurate or incomplete, and/or use of the Website is not in accordance with the Terms, we shall have and reserve the right to limit your activity or immediately temporarily/indefinitely suspend or terminate or block your membership and/or block access to the Website and also refuse to provide any products or services to you, at our sole discretion.
Notwithstanding the foregoing, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the police or other authorities for initiating criminal or other proceedings against you.
2.9 Fees and other charges
Currently, membership of the Website is free of any charges. We are also not charging any fee for browsing and for any transaction of buying on the Website. However, we reserve the right to change this policy and apply fee or any other charges for membership or for availing services on the Website at any time without prior notice. All changes made on account of fee and other charges that are made applicable shall be posted on the Website and such changes shall become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws in India for making payments to us.
2.10 Pricing Information:
All MRP quoted on the website are exclusive of VAT, octroi, sales tax and all other local taxes. These taxes are calculated separately at the time of placing the order and included in the final bill value to be paid by the customer. Prices are however exclusive of all other local taxes and levies that may become applicable in particular state from where you are ordering including but not limited to taxes in case of import from other states and you shall be responsible for paying all such taxes, charges, cesses etc. levied thereon. You have to bear fixed shipping charges if the order is below the stated threshold value. Our promotional offers/discounts are not available for all products/delivery locations and are limited to selected categories.
We strive to provide you with best value, however prices and availability are subject to change without prior notice. While we also strive to provide accurate pricing information, pricing or typographical errors may occur. In some instances, the final price of a product may be confirmed only once you have ordered the same.
In the event a product is listed at an incorrect price due to an error of pricing, we shall have the right, at our sole discretion, to either (i) contact you for recovery of any difference in price before or after dispatch; or (ii) cancel any orders placed for that product and shall intimate you of such cancellation, before dispatch.
In the event the product ordered by you has already been dispatched, your offer will not be deemed to have been accepted by us and we will have the right to correct the price of the product and shall contact you for recovery of the balance amounts due and payable.
In the event the product ordered by you has already been delivered to you, we will continue to have the right to correct the price of the product and shall contact you for recovery of the balance amounts due and payable.
In all events in relation to misquote of prices as stated above, you may choose to either (i) accept the product ordered by you against payment of difference in price; or (ii) cancel the order. In the event you accept the revised price, the differential amount shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. In the event you choose to cancel the order and (i) the product is in transit, the delivery shall be cancelled; or (ii) in the event the product has been delivered, the same shall be recovered from you and until such time it is recovered by us you shall not use the product in any manner. In such case, the title on the product shall continue with us but the risk shall be passed on to you until the item is recovered by us. You shall be responsible for the safekeeping of the product including its packaging [and shall be liable for any damage/wear and tear that may be caused to the product while in your possession.]
2.11 Payment Facility and Financial Details:
All orders will be on cash on delivery basis or prepaid orders and payment options will be either by Net banking or through credit / debit card. However we reserve the right to change the mode of payment at any time without prior notice. Payment can be made only in Indian Rupees and all above payment instruments must have been issued in accordance with applicable Indian laws, rules and regulations by entities operating in India.
Before shipping/delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you. This is done in the interest of providing a safe online shopping environment to our users.
You agree and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand and agree that all financial information submitted by you is directly received by our acquiring bank and not taken or retained by us in any manner. We will not be liable for any credit / debit card fraud or any misuse. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you primarily by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address on the Website or request our call back, you also consent to receive all communications (including via messages) on that number for communication.
2.14 Refusal of service:
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
2.15 Feedback, User comments and User generated content:
All feedback, reviews, comments, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by the Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we shall own exclusively, all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will (1) not violate these Terms/ policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and (2) will not cause any mental injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. In such cases the Comments shall continue to be yours and we shall take no responsibility for the same. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you further agree to indemnify us, and our affiliates for all claims resulting from any Comments you submit. We as well as our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
2.16 Copyright & Trademark:
We and our suppliers and licensors expressly reserve all intellectual property rights in the entire content on the web site including but not limited to all text, programs, products, processes, technology, images, illustrations, designs, icons, photographs, music or video clips, written and other materials, which appear on the Website. Information displayed or transmitted on the Website is protected by Indian and other copyright and intellectual property laws and is either owned by us and/or our licensors and/or affiliates.
Access to this Website does not confer and shall not be considered as conferring upon anyone, any license under any of our or any third party’s intellectual property rights. You shall not copy, store, modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way exploit any of the content available on the Website either in whole or in part. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than strictly for your own personal non-commercial use is strictly prohibited without our prior express permission. You may not modify, distribute or re-post anything on this Website for any purpose. Names and logos and all related product and service names, design marks and slogans placed on the Website are our trademarks or service marks and/or licensed to us. All other marks are the property of their respective owners and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark, which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
2.17 Objectionable Material:
You understand that by using the Website or any services provided on the Website, you may encounter content which may be offensive, indecent, or objectionable, in your view. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for such content.
You agree to defend, indemnify and hold us, our employees, directors, officers, agents and their successors and assigns harmless, from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions by using the Website or the product purchased by you, or due to your breach of any of your representations, information or undertakings or the Terms or in relation to non-fulfillment of any of your obligations or arising out of your violation or breach of any applicable laws, rules or regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers etc.
2.19 Limitation of Liability:
Without prejudice and notwithstanding anything contained herein, our total liability to you for all liabilities (for one or more incidents) arising out of use of the Website or sale of any product be it in tort or contract or otherwise shall be limited to the amount charged from you, for the value of the product sold to you and in no event shall we or our suppliers be liable for any indirect, incidental, special, consequential or exemplary loss or damage, including but not limited to loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with use of the Website or its services or the products.
2.20 Governing Law and Dispute Resolution:
All contractual obligations between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi only. All disputes (if not resolved within a period of 15 days) will be subject to arbitration in New Delhi to be conducted in English in accordance with the provisions of the Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed by us. Each party to arbitration shall bear its own cost. The arbitral award shall be final and binding on the parties.
2.21 Website Security:
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
- refer to any website or URL that, in our sole discretion contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of the Website.
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;
- sending unsolicited email, including promotions and/or advertising of products or services; or
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
2.22 Entire Agreement:
Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to the Websites/services and shall supersede all contemporaneous communications and/or proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, the same shall be amended or modified appropriately to make the same valid and enforceable while keeping in view the intent of the contracting parties. The remainder of the Terms shall however continue to be in effect. Our failure to act with respect to a breach by you shall not constitute a waiver of our right to seek remedy and act for any other subsequent or similar breaches.
Except as explicitly stated otherwise, all notices shall be given by postal mail to us at Homeburps.com, D-22, Ground Floor, Sector 7, Noida ; or to the email address provided by you. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.