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+91 120 2328054, +91 9811058105Terms & Conditions
Last Updated: Feb 18, 2022
Introduction
1.1 Welcome to the “Mool”
terms and conditions of use. These Terms and Conditions apply to use of
the website at www.moolhome.com (hereafter referred to as "Mool ").
You agree to accept and be bound by these terms and conditions by accessing the
website and/or placing an order of purchase of any products listed on the “Mool
“ website. Regardless of whether or not you choose to register with us or place
an order with us, you confirm your acceptance of these terms and conditions on
visiting the website.
1.2 You can access most of the pages of the website without
registering your details with us. Certain areas of the website are only
accessible after registration by the visitor.
1.3 Please read and familiarize yourself with these terms
and conditions and if you do not accept them, please do not use the website.
1.4 NOTE: This document constitutes an "electronic
record" under the provisions of the Information Technology Act, 2000 and
the amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
Your Obligations
2.1 In these Terms and Conditions, and in the context of a
registered user or where the context so requires, the term 'You' shall mean any
natural or legal person who has agreed to become a member of the website by
providing Registration Data while registering on the Website, or is browsing
the website without registration.
2.2 You accept that “ Mool “ has the right to amend these
terms and conditions at any time without prior notice to you and consequently
you agree to review these terms and conditions periodically and/or prior to
each online visit or purchase from the “Mool “ website. Certain provisions of
these terms and conditions may be superseded by expressly designated legal
notices or terms located on particular pages of the “Mool “ website which will
override these terms and conditions to that extent only. In that event, the
other terms and conditions herein shall remain in full force. If you do not
wish to accept any such expressly designated legal notices and conditions, you
should discontinue the usage of the Mool Home website.
2.3 You agree that in no event shall “Mool “ be liable for
any direct, indirect, incidental, special or consequential damages arising out
of or in any way connected with the use of the “Mool “ website or for the delay
or inability to use the website, or for any information, products, and services
obtained through the “Mool” website, or otherwise arising out of the use of the
“Mool “ website, whether based on contract or strict liability or any other law
or otherwise.
Registration & Other Obligations
3.1 As a new Registered User, these Terms and Conditions
shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean
your affirmative action in filling your registration data and clicking on the
'continue button' as provided on the registration page. If you do not accept
these terms and conditions, do not fill up your registration data or click
"Continue" on the Registration page.
3.2 You recognize that your Registered Data is for the
purpose of processing your online purchase order and for providing ancillary
services or products that may be offered by “ Mool” from time to time. You authorize “ Mool “ to
retain such data and to transmit the data to its various outlets/offices or to
parties, which provide such services or products; in whichever country they may
be located. You acknowledge that Mool Home and/or its chosen partners may
contact you via email or other means for your order or changes or alterations
to the order or for promotional purposes. Details of these conditions can be
found in the Privacy Policy document that can be found on the Mool Home
website.
3.3 You are responsible for maintaining the confidentiality
of your User ID and Password and for restricting access to your computer,
computer system and computer network, and you are responsible for all
activities that occur under your User ID and Password.
3.4 You agree to provide accurate, true, and completely
updated information of yourself as requested by
“Mool “ at the time of registration and/or from time to time. Should you
provide any data or information that “ Mool “ has reason to believe to be
false, inaccurate or incomplete, “Mool “shall
have the right to terminate or suspend your account/membership and deny you
access to the “Mool” website.
3.5 In using the website you agree that you will not :
a. omit, delete, forge or misrepresent information;
b. impersonate any person or entity, or falsely state or
otherwise misrepresent an affiliation with any person or entity;
c. engage in any activities intended to withhold or cloak
identity or contact information;
d. send harassing and/or threatening messages to The Mool
Home;
e. post excessive responses to interactive features or
functions of this Site or
f. engage in 'flooding', i.e., ICMP flooding and mail
bombing (sending large amounts of email repeatedly to the “ Mool” email address)
3.6 You agree that you are responsible for your own
communication and that you will not post, disseminate or transmit any content
that:
a. infringes or violates any party's copyright, trademark,
trade secret, patent or other proprietary right including, but not limited to,
using third-party material which is the subject matter of copyright, without
appropriate permission and using or distributing third-party information
protected as a trade secret in violation of a duty of confidentiality;
b. you do not have the right to disseminate or transmit
under law, or contractual or fiduciary relationships; or
c. contains personally identifiable information belonging to
minors.
d. posts, disseminates or transmits any worm, viruses or
other harmful, disruptive or destructive files, code or programs on the “Mool “
website;
e. attempts to penetrate security measures of the web site,
service or obtain or bypass user ID / passwords;
Eligibility
4.1 You shall use the website only if you are competent to
enter into a legally binding contract under the provisions of the Indian
Contract Act, 1872. If you are a minor and if you wish to purchase products
through the Mool Home website you may do so through your legal guardian or
parents who have registered themselves as Registered Users of the website. The
Mool Home reserves the right to terminate your membership without assigning any
reasons.
Your Online Order/Payment
5.1 You accept that upon ordering products online from the “Mool”
website you are deemed to have placed an order with “Mool “ for purchase of the
specified products. You recognize that you can purchase products through the “Mool
“website only through your membership account and all online payments will be
accepted only through valid and authorized credit/ debit cards. The website
secure server software (SSL) technology will encrypt all registered data,
including your name, address, credit/ debit ("Card") details and
telephone numbers and ensure 100% safety in the online transactions you make on
the website.
5.2 During the process of purchase on the website, you will
be appropriately guided through various stages from choosing your products to
confirmation of your payment and purchased items. A Maximum Retail Price(MRP)
is displayed in relation to each product on the “Mool “ website and is
inclusive of all applicable taxes at the current rates and is correct at the
time of entering the information into the system.
5.3 ” Mool “ reserves the right to refuse to process a
transaction for any reason or refuse service to anyone at any time at its sole
discretion. “Mool “ shall not be liable to you or any third party for
withdrawing / adding / changing any products on the Mool Home website.
Delivery
6.1 Once you have made a valid online purchase of products
from the website, “Mool “ will thereafter transmit a confirmation email to your
registered email address informing you of the scheduled date of delivery of
your Rugs.
6.2 “Mool “ will deliver your purchased Rugs to your
doorstep, normally 4 weeks from the date of placing the Purchase Order on the
website and realization of purchase order amount. If your premises are located
within a gated and/or high rise complex, then you agree to make available
adequate arrangements for smooth carriage by the carrier from such main gate of
the complex to your doorstep irrespective of the floor of your premises. You
agree to ensure that access is suitable for the delivery of the Rugs to your
desired location. “Mool “ will not accept cancellation by you at the time of
delivery on the ground that access to your desired location is not possible
(e.g. doorway too small, insufficient space to maneuver the Rugs through the
premises, road inaccessible to delivery van, etc.), subject to your general
right of cancellation under the cancellation clause. Before ordering, you are
under an obligation to ensure that there is adequate room to take your
purchased Rugs through any doorways and windows of your premises, taking note
of any restricted passageways, stairs and awkward turns.
6.3 “Mool “ will make every effort to carry out deliveries
on the given date. The delivery date given to you is an estimate given in good
faith. “Mool “ finds subsequently that the estimate is inaccurate, Mool Home
will endeavor to inform you using the registered contact numbers and/or email
address from your registered data.
6.4 If your purchased Rugs remains at “Mool “ warehouse for
more than one week during which time you fail to accept delivery/re-delivery
(despite “Mool “ having contacted you to do so), “Mool” reserves the right to cancel
your order and retain up to 25% of the order value.
6.5 All purchases of Rugs by you from the website are made
pursuant to a shipment contract. You agree that the title to such purchased
goods shall pass on to you once the goods are delivered by Mool Home to the
carrier for delivery to your doorstep. You agree that the carrier of the
purchased goods to your premises shall be your agent.
Short Delivery, Defective Goods Or Damaged Goods
7.1 At the time of delivery, you should carry out a visual
inspection of the Rugs before signing to declare that you have received your
goods in good condition. To protect your interest, any claim made by you
concerning short delivery and/or damaged and/or defective Rugs found on
delivery, or concerning damaged or defective goods found at a later date, but
not later than 7(seven) days from the date of delivery, must be notified to the
customer care department of “Mool “by e mail at mail@moolhome.com or by
phone on +91 120 2328054, +91 9811058105. Mool Home does not accept any claims
for damage caused by you at any time.
7.2 “Mool “ does not warrant to cover the effects of normal
wear and tear, or damage caused by accident, movement, abuse or neglect of the
purchased Rugs within your premises.
Cancellation & Returns Procedure
8.1 You may cancel your purchase order within a period of
and in any event not later than, 2 (two) days from the date of purchase.
“Mool “ does not warrant to cover the effects of normal wear
and tear, or damage caused by accident, movement, abuse or neglect of the
purchased Rugs within your premises.
8.2 If you choose to cancel your purchase order after your
Rugs has been dispatched, then the following procedure will apply;
8.3 In case you choose to return your purchased Rugs for any
reason, you should contact the customer care department of Mool Home which will
arrange to collect your purchased Rugs. “Mool “ will levy an appropriate
collection charge depending upon the Rugs purchased and your location. You
shall not return Rugs already delivered to you, beyond a period of 7 (seven)
calendar days from the date of delivery of the Rugs.
8.4 You will be reimbursed to the credit card with which you
paid for the Rugs online, after deducting the appropriate collection charge,
once the Rugs has been received back in good shape into “Mool “ Central
Distribution Depot. For all other payment modes, refunds will be made through
cheque or NEFT payment as applicable at the billing address within 2 weeks of
resolution.
8.5 If it is found by “Mool “ that the Rugs returned by you
is not in a fully re saleable condition, then The Mool Home reserves the right
to refuse a refund on such Rugs, or shall deduct an amount which may be up to
50% of the original selling price from the refund amount.
Product Description
9.1 Each product purchased by you online is sold subject to
its Product Description. Mool Home will take all reasonable care to ensure that
all details, descriptions and prices of products displayed on the Mool Home
website are correct at the time when the relevant information was entered into
the system. Although the Mool Home website is kept as up to date as possible,
information including Product Description, appearing on the website at a
particular time may not always reflect the position at the exact moment you
place an order.
9.2 “Mool “ reserves the right to withdraw any products from
the “Mool “website at any time and/ or remove or edit any materials/ pages or
content on the Mool Home website.
9.3 Actual colors may be little different form images on the
web due to the photography limitations and different screen settings of
Computers/ Mobiles.
Electronic Communication
10.1 You agree that your use of the Mool Home website for any
purpose such as, but not limited to, sending communication via email or
otherwise, information or data, constitutes communication with Mool Home via
electronic records and you consent to receive communication via electronic
records from Mool Home periodically or as and when required. You accept that
communication by Mool Home through courier, post or electronic means
constitutes proper service of notice or electronic records.
Intellectual Property
11.1 Vhome Private Ltd. is the exclusive proprietor of the
trademark "Mool Home" as well as its stylized logo script of the
letters "Mool " having a unique color combination (referred to as
"the trademark") as depicted on the website and in other material. This is a registered trademark.
“Mool “ also has the
exclusive copyright on the designs of the products sold by it. Any person /
organization using the trademark illegally or without due authorization, or any
other mark which may be deceptively similar to the trademark or any other
intellectual property owned by “Mool “ shall be proceeded with in accordance
with law and such legal action may entail criminal and/or civil proceedings in
the Competent Courts.
11.2 “Mool” is the exclusive proprietor/owner of the
copyright of the design, layout, content and software of the website and all
printed material including, but not limited to, brochures, fliers etc. and any
infringement and/or unauthorized use thereof will be vigorously dealt with in
accordance with the law.
Disclaimer
12.1 The information contained in the “Mool” website is only
for your general information about “Mool”. It does not constitute advice and
you should not rely upon such information for making/ refraining from making
any decision.
12.2 “Mool “ hereby excludes any warranty, either express or
implied, as to the correctness, completeness, timeliness, accuracy, fitness for
a particular purpose of the Mool Home website or any of its contents.
12.3 By accessing the website you agree that “Mool “ will
not be liable for any direct/indirect or consequential loss, damages or
compensation arising from the use of the information and material contained in
the “ Mool” website or from your access of other material on the internet via
web links for/from the “Mool “ website.
Dispute Resolution
13.1 Any dispute relating to any of these terms and
conditions or any transaction of purchase conducted by you though the “Mool “website
shall be submitted to sole arbitration under the Arbitration and Conciliation
Act, 1996. The sole arbitrator shall be appointed by “Mool “. The award of the
arbitrator shall be final and binding on you as a decree of a court of law. The
jurisdiction and venue for arbitration shall be at New Delhi, India only.
Disclaimer
14.1 If any clause (or part of a clause) of this agreement
is found by any Court or Authority of competent jurisdiction to be invalid,
unenforceable or illegal, the other provisions shall continue to subsist and
remain in force.
Jurisdiction
15.1 By accessing this website you agree that only the
Courts in New Delhi, India shall have the jurisdiction to entertain any suit or
other proceedings by or against “Mool “.
Pricing Information
16.1 Prices will include all applicable taxes and charges
extra needs to be specified. “Mool “ provides Free shipping in India (any
Customs/ Octroi charges will payable directly to the courier company, by the
customer). “Mool “ reserves the right to revise prices in future.