Terms And Conditions
This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of www.furnishka.com and/or www.furnishkawholesale.com and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with Furnishka Tech Private Ltd, a company incorporated under Companies Act, 1956 with its registered office at Furnishka Tech Private Limited, SEAT NO 1&2, ROW 5, HUSTLE HUB,H210, 3rd FLOOR, 36/5, SOMSUNDARPALLYA., HSR LAYOUT, BANGALORE, KA 560102 IN, hereinafter referred to as "the Company" which expression unless the context otherwise requires shall mean and include its successors, liquidators and assigns.
For the purpose of the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification user name ("User ID" and "Password") to become a Registered User. The term and expression "You" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. "Acceptance" shall mean your affirmative action in clicking on the 'check box' and/or on the ‘continue’ button and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘check box’ or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.
Amendments to the User Agreement
The Company may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Company posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
The following disclaimers are the key to determining any relationship between You and the Company for Your use of the Website and for Company providing any services on the Website:
- Company and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
- The responsibility of the correctness of the declarations displayed on the Company in relation to the products shall lie with You.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Website and Company and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records (Email, SMS, WhatsApp, App Push) from the Website, Company and all other Registered Users and Visitors and as and when posted, communicated or required.
Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Company, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Company as provided from time to time in various hyperlinks on the Website.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Company reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
As a registered member of Furnishka, your address, email-id, and other delivery details become automatically saved in the "My Profile" section of the Website, accessible only to you. You can track all your orders by logging in to the "My Profile" section with the User ID and Password set by you. You can save items you are interested in, using the "My Wishlist" feature, for easy purchases. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the Website by various sellers, as well as promotional schemes, will be e-mailed to you at regular intervals.
Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
Fees and Services
Membership and browsing on the Website is free. As per the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 an “E-commerce marketplace may provide support services to sellers in respect of warehousing, logistics, order fulfilment, call centre, payment collection and other services.” Accordingly, the Company through various third party service providers engages in order fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.
You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Use of the Website
You understand and agree that Company and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user generated content and material. The Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Company has no control over the third party user generated contents.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- You are solely responsible for Your Information, and the Company and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- Belongs to another person and to which You do not have any right to.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Harm minors in any way.
- Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
- Violates any law for the time being in force.
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Impersonates another person.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
- Threatens 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.
- Is false, inaccurate or misleading.
- You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- You shall not create liability for Company or cause Company to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
- You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Company against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services.
Company for Communication
All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Company does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the Company may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.
Company is not responsible for any non-performance or breach of any contract entered into between users. Company cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between users.
Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Company does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.
Without limiting other rights and remedies, Company may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If you breach the User Agreement or any terms or policies of the Website.
- If your actions may cause legal liability for you, other users or Company.
Company may at any time at its sole discretion reinstate suspended users. Company reserves the right to recover any amounts due and owing by you to Company and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Furnishka Brand Protection Policy
Furnishka.com “website” is an online marketplace and an intermediary as defined by applicable laws and facilitates online sale, by third party merchants and vendors who list their products on Furnishka.com. Furnishka is an intermediary and does not control the products sold on the website, however its at discretion in accordance to the applicable laws to remove content and products from the website if Furnishka determines in its sole discretion that such products/content are in violation of Furnishka policies or any applicable laws.
Furnishka respects third party Intellectual Property rights and actively supports protection of all third-party Intellectual Property including Copyrights and Trademarks (“IP”). Furnishka is committed to removing infringing products from the website. To facilitate this, Furnishka has put in place a Infringement verification process so that intellectual property owners could easily report listings that infringe their rights.
- Report of Violations of Your Intellectual Property Rights: If you believe that your IP right has been infringed by any of our sellers, you may follow the below process:
- The Intellectual Property right owner or authorized agent provide the following details and email it to email@example.com. The email/takedown notice should contain the below information.
- Identification or description of the copyrighted work/ trademark that has been infringed.
- Clear identification or description of where the material that you claim is infringing is located on www.furnishka.com with adequate particulars. Product ID / website links of infringing products (in case of copyright infringement).
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
- A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Brand Name (in case of Trademark infringement).
- Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments).
- Once we receive the information, we will evaluate the contents of the notice and verify details.
- We may take such action as we deem appropriate in keeping with our policies and applicable laws which may include, asking further details from you or taking down the content that was the subject matter of your notice.
- Furnishka assures a takedown of any listing that infringes third party IP rights within 1 working day after being satisfied that:
- Ownership of the intellectual Property has been established.
- The infringer has been identified through proof of purchase or any other document.
- The claim of infringement is based on objective and reasonable basis.
- In the absence of the above, Furnishka also delists products within 1 working day of compliance with any directions or order passed by court or any other relevant authority. Furnishka strongly condemns counterfeiting and infringement of IP rights. Furnishka prohibits sale of such products on its website and penalises sellers who are found to be selling counterfeits on Furnishka.com.
- Exclusive or Selective Distribution: Furnishka respects a manufacturer's/sellers right to enter into exclusive distribution agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for Furnishka to assist in enforcement activities.
Limitation of Liability
In no event shall Company or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).
In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Company's entire liability and Your sole and exclusive remedy in any circumstance is limited to the following:
If You are a buyer: the Company's entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price from the seller on the Website.
Other than the aforesaid, Company shall have no liability to You.
You shall fully indemnify, keep indemnified, defend and hold harmless Company and Company's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Company and You shall have no authority to bind Company in any manner whatsoever nor shall Company have any authority to bind you in any manner whatsoever. All the services provided by the Company shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Company with respect to the subject matter hereof.
In Company's sole discretion, Company may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Company on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
As a condition to your use of the Services, you agree to abide by the following procedures and guidelines when engaging in the sale or purchase of any item. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. It is important to note that Furnishka's involvement is limited to that of a seller. As such, Furnishka’s liability is limited to below -
- Seller lists an Item for sale by submitting a posting to the Service. The Posting should be accurate, complete and convey in all material respects to nature, quality and price of the Item, along with any other information reasonably required in order for a Buyer to make an informed purchasing decision with respect to such Item. Upon successful transaction, GetMyCouch will deduct 19% fee from the listed Item's price before transferring the relevant Proceeds to the Seller. GetMyCouch reserves the right to review any Posting and to accept or reject it in its sole discretion. Prior to rejecting a Posting, GetMyCouch may, but need not, provide the Seller with an opportunity to correct or edit the Posting. Seller shall remain solely responsible for the Posting and its contents and for any liability arising therefrom.
- Buyer purchases the Item using GetMyCouch's Services. To complete the purchase, Buyer accepts and authorizes GetMyCouch to charge Buyer's payment method on file for the full amount of any associated Proceeds and Fees.
- GetMyCouch notifies Seller about Buyer's purchase request.
- Seller responds to GetMyCouch within 24 hours from GetMyCouch's notification. If Seller does not respond within 24 hours, the order is subject to cancellation by GetMyCouch.
- Once Seller accepts Buyer's purchase request, payment will be automatically charged to Buyer's credit card and GetMyCouch's delivery team will contact both Buyer and Seller to arrange for delivery. Delivery will be made within 7 working days from the date of purchase, subject to Seller's availability. Buyer and Seller are responsible for being available and present at the scheduled time for pick up or the delivery of the Item. In the event Seller is not available during the scheduled time, Buyer or Seller shall be responsible for paying GetMyCouch re-delivery charge which amount will be informed by GetMyCouch thereafter.
- Buyer receives Item. If Buyer reports no problems with the Item after GetMyCouch's delivery persons leave Buyer's residence, the transaction becomes complete, GetMyCouch transfers the relevant Proceeds to the Seller's account and GetMyCouch retains any relevant Fees paid by Buyer.
In the event you have any complaints or concerns with respect to the website or our services, please chat with us or email us at firstname.lastname@example.org.
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Company shall be governed and construed in accordance with the laws of India.
If any dispute arises between You and Company during Your use of the Website or Your dealing with the Company in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Bangalore. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
E - COUPONS
Any offer (“E-Coupon”) contained in any electronic communication, or any communication that may be displayed on the Website, is made by sellers registered on the Company, and not by the Company itself. The offers provided to the customer by the sellers can be availed by way of utilization of E-Coupons.
Offer under the E-Coupon maybe in the form of instant discounts and/or cashbacks in form of Furnishka Credits (“Furnishka Credits”) and/or any other form or manner as maybe agreed between the platform and the merchant
Registered Users using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions. The value of E-Coupons and the mode of using E-Coupons will be specifically as mentioned in the electronic communication sent to You or displayed on the Website.
One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupon shall be forfeited, and the User cannot claim any benefit or a substitute an E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.
An E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or promotion except Furnishka Credits.
The Company may offer various discounts / incentives to the customers on select products for a select period, together with any discount that maybe offered by the Merchants listed on the Company. The gross discount offered by the Company to the customer, may be reduced on account of various business and operational costs, which entails costs such as administration costs, platform costs, tax costs, etc. Since this discount is offered by the platform on select products and for a specific time, the associated business and operational costs are recovered from the customer. The customer understands and agrees to such costs and accepts discount net of such costs.
It is our endeavour to provide the best service to our customers and complete transparency in our dealings. Therefore, the Company has displayed the Gross Discount available, and has subsequently reduced the above-referred Costs to arrive at the Net Discount availed by the customers.
This reduction to the gross discount is calculated, keeping in mind the best offer price made available for the selected products to the customers.
Furnishka reserves the right, at its sole discretion, at any time to levy/charge fees on the processing of the E-Coupons and/or provision of the Furnishka Credits and/or utilization of the Furnishka Credits, without prior intimation or communication.
Furnishka reserve the right, at its sole discretion, at any time to vary/change/extend/withdraw any E - Coupons and/or Furnishka Promotions and/or offers provided thereunder, without prior intimation or communication.
The Company is not responsible for any typographical error leading to an invalid coupon. Company does not guarantee that any one or more listings on the Website or the desired listings of the Users would have E-Coupon as the payment option. Company is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupons, nor is the Company is warranting or endorsing any product or services listed on the Website, nor warranting or verifying or guaranteeing the performance or conduct of any seller or of any third party. Company shall not be liable for any lost or stolen E-Coupons and E-Coupons once issued shall not be reissued. Company makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons.
Limitation of Liability
Under no circumstances shall Company’s liability exceed giving the User a replacement E-Coupon of the same nature and of the same value. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Bangalore (India) only.