TERMS AND CONDITIONS
LAST UPDATED: 21st May 2022
Studio Intrigue reserves the right to change these Terms & Conditions, and such modifications will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions. If you do not agree to any change in the Terms & Conditions, you must immediately stop using the Site.
By using our website, you certify that you are at least 18 (eighteen) years old, competent to enter a legally binding contract, and not otherwise prohibited from using any of the Company's products or services. When using the Platform, you must comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You also represent, warrant, and agree that if you use the Platform on behalf of a company as an employee, contractor, or agent, you have the authority to bind that company to these Terms.
2. REGISTRATION AND ACCOUNT CREATION
2.1 You may be needed to give the Company the information requested in the registration process, such as your name, e-mail address, billing and delivery address, to register to use the Platform. You will supply the Company with accurate, truthful, complete, and up-to-date registration information as part of the account creation process required to access the Platform. You are solely responsible for all activities under your Platform account ("User Account"), and you must safeguard your User Account password. For your User Account, the Company recommends using "strong" passwords (passwords that include upper-case and lower-case letters, digits, and symbols).
The Company is not responsible for unauthorized access to your User Account and will not be held accountable for any losses resulting from such access. If you suspect an unauthorized third party is using your account or if your account information is lost or stolen, you must contact the Company immediately. Without authorization, you may not use another user's User Account.
2.2 You can create a User Account on the Platform by logging in with credentials from third-party e-mail networks or social networking sites. You certify that you are the owner of any such third-party account and that you have the authority to provide the Company with your third-party account login information. You give the Company permission to collect your authentication information and any other information available on or through the third-party account in accordance with your applicable settings and instructions. The Company retains the right to refuse new users access to the Platform or terminate existing users' access to the Platform at any time and for any reason. You may not have more than one active User Account on the Platform.
2.3 You must confirm that your user account information is accurate, complete, and current. If your User Account information changes, you must promptly update your User Account information on the Platform. In addition to any other rights that the Company may have, if you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes false, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your User Account and refuse any current or future use of the Platform at its discretion.
3. PERSONAL INFORMATION
4. PRODUCTS AND SERVICES
4.1 The Platform makes furniture available under the "Vakr" brand ("Products"), as well as allied services like shipping, delivery, and installation ("Services"), which are then transferred to a Third-Party. The Company provides an invitation to offer Products for sale by making them available on the Platform. You make an offer to acquire a Product on the terms set forth herein or elsewhere on the Platform concerning the Product after selecting it and making a successful payment. Acceptance of your offer to acquire a Product will be at the Company's sole discretion. If our Company rejects your request to acquire a Product after you have made a successful payment, the Company will reimburse the entire money to the account from which the payment was made within 10 (ten) working days.
4.2 Each Product's description and pricing will be as presented on the Platform and as revealed to you when you place your order. Because of technical challenges, typographical errors, or changes in Product information, the price indications on the Platform may fluctuate, and the Company is not liable for the changed pricing during the transaction. Suppose the Company discovers incorrect information about the Product on the Platform due to an error. In that case, the Company reserves the right to modify such information, including the price of the Product, contact you for further instructions via the e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If the Company cancels an order after the payment has been received, the payment will be refunded within 10 (ten) working days to the account from which the payment was made.
4.3 The Platform may display visuals that differ from the actual goods. The Company makes no claim or warranty as to the accuracy of the photos displayed on the Platform, and the images have no bearing on the Product quality.
5. DELIVERY AND SHIPPING
5.1 Your shipping address and pin code will be checked for suitability for each Product before paying for it. If the Company is unable to fulfil your order, you may offer an alternate shipping address that is within the Company's serviceable region.
5.2 The Company will make every effort to deliver ready-for shipping items within 15 to 20 days, and the customized products will be delivered up to 4 to 7 weeks to your doorstep. The Platform allows you to track the status of a Product's delivery. When the Company ships the Product, you will receive an SMS/ E-mail. The Company's customer experience staff will notify you of the delivery date one day ahead of time. You acknowledge, however, that the delivery may become detailed owing to circumstances beyond the Company's control. If there is a delay in delivery, the Company will make every effort to tell you.
5.3 When the Products you purchased arrive at a nearby delivery centre, the Company's representative or delivery agent will make two delivery efforts. The Company reserves the right to cancel the order if you do not accept delivery of the Product.
5.4 For further information/clarifications, kindly refer to the Shipping Policy on our Website.
6. RETURNS, REFUNDS, AND CANCELLATIONS
6.1 If you receive a damaged or faulty Product or one that does not meet your original order's specifications, you may return it in accordance with the detailed Return policy mentioned on our Website. The Company may ask you to give details about the damage, defect, or non-compliance with specifications and images of the delivered Product communicated via e-mail at email@example.com. If the Company determines that the Product is damaged, defective, or does not meet the specified standards, the Company may refund or replace the Product at its sole discretion.
6.2 In case a situation arises where order cancellation is required, you can refer to the detailed Refund Policy enlisting all the required details.
6.3 If payment for a Product ordered by you is unsuccessful, the Company reserves the right to cancel the transaction. You can re-order the Product from the Platform in this case.
6.4 All refunds under these Terms will be issued to the account from which the payment was made within 10 (ten) business days.
You agree to pay and bear any and all applicable taxes, including any Goods and Service Tax, Value Added Tax, Central Sales Tax, Service Tax, or other duties and cesses, as indicated on the Platform or otherwise payable under applicable law, and you agree to pay and bear any and all applicable taxes, including any Goods and Service Tax, Value Added Tax, Central Sales Tax, Service Tax, or other duties and cesses, as indicated on the Platform or otherwise payable under applicable law.
8.1 For the purchase of Products, the Company uses a third-party payment processor ("Payment Processor") to bill you through a payment account associated with your User Account (your "Billing Account"). In addition to these Terms, the Payment Processor's terms, conditions, and privacy policies will govern payment processing. The Company is not liable for the Payment Processor's mistakes. By ordering a Product, you agree to pay the Company, through the Payment Processor, all charges at the then-current prices for the Product in accordance with the applicable payment terms, and you authorize us to charge your chosen payment provider (your "Payment Method") through the Payment Processor. You accept to pay using the Payment Method you choose. Agreements will decide your payment conditions between you and the financial institution, credit card issuer, or other payment method providers. They will be based on your Payment Method. If the Company does not receive payment from you for a Product order placed through the Payment Processor, the Company has the right to cancel that order.
8.2 In the event of a fraudulent transaction, you have the right to request a chargeback in accordance with the terms and conditions of your Payment Method provider. Please keep in mind that your payment method provider will handle your chargeback request rather than the Company. As a result, the Company assumes no responsibility for chargeback requests. To evaluate the incidence of fraud, the Company reserves the right to investigate your User Account and payment history in response to a chargeback request. If the Company has reason to think that your User Account has been used fraudulently, the Company reserves the right to delete, block immediately, or suspend your User Account.
8.3 If you use the Payment Methods, the Company will not be liable for any loss or damage you may suffer as a result of a lack of authorization for a transaction or exceeding the preset limit mutually agreed upon by you and your financial institution, or any payment issues arising out of the transaction, or any transaction decline for any other reason.
8.4 All payments made against orders by you on the Platform shall be compulsorily in Indian National Rupees.
Manufacturing and material defects in the Products are covered under the Company's Refund Policy.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The intellectual property rights in the Platform, Products, and/or Services, including trademarks, copyright, design, and any other intellectual property, shall remain the sole and exclusive property of Studio Intrigue, its affiliates, or licensors.
10.2 You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Platform, subject to the terms and conditions of these Terms. The Company reserves all rights not expressly granted herein.
10.3 At its sole discretion, the Company may change or modify the Platform, including any features, specifications, capabilities, functions, or other characteristics and the Products or Services. Furthermore, the Company may stop (permanently or temporarily) giving you, or other users access to the Platform (or any features within the Platform), or any Product or Service, without providing you with prior notice. The Company also has the right to impose limits on use, storage, and features at any time and without previous notice to you.
11. USAGE RESTRICTIONS
11.1 While using the Platform, you shall not:
11.1.1 Copy, disassemble, decompile, reverse-engineer, distribute, publish, display, perform, modify, upload to, or otherwise modify the Platform or any other materials provided to you by the Company;
11.1.2 If any component of the Platform allows you to share or input any information, data, or messages; upload, input, send, or otherwise make available any content using the Platform, you agree that:
(i) is illegal, fraudulent, deceptive, invasive of another’s privacy, tortious or unauthorized by these Terms;
(ii) is promotional in nature, without the prior written consent of the Company, or constitutes spam, pyramid schemes, or the like;
(iii) is offensive, vulgar, harassing, threatening, discriminatory, racist, hateful or otherwise harmful against any individual or group;
(iv) infringes any Intellectual Property Rights (as defined above) of the Company or any third party;
(v) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
(vi) constitutes the personally identifiable information of any third party that you do not have adequate rights to input, distribute, upload, post, e-mail, transmit or otherwise make available via the Platform; or
(vii) you do not have the right to under any law or contractual or fiduciary relationship;
11.1.3 Use any of the Company's trademarks, trade names, service marks, copyrights, or logos in any way that gives the appearance that they belong to or are linked with you or that they are being used with the Company's permission;
11.1.4 Interfere with or attempt to interfere with the Platform's normal functioning, any activities or transactions done on or through the Platform, or any servers or networks connected to the Platform;
11.1.5 Either perform or attempt any action that, in the Company's sole discretion, places or may place an undue burden on the Platform or its infrastructure or otherwise abuses the Platform;
11.1.6 Get or attempt to obtain any items or information on the Platform that have not been purposely made publicly available, either by public display on the Platform or through accessibility via a visible link on the Platform;
11.1.7 Through hacking or any other means, violate the Platform's security or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems, or networks linked to any server affiliated with the Platform;
11.1.8 Use any "deep-link," "page-scrape," "robot," "spider," or other automatic devices, programme, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or circumvent the Platform's navigational structure or presentation, to obtain or attempt to obtain any materials, documents, or information not purposefully made available through the Platform;
11.1.9 Probe, scan, test the Platform or any network connected to the Platform's vulnerability or breach the Platform's or any network connected to the Platform's security or authentication measures. You may not reverse look-up, trace, or seek to trace any information on any other Platform user or visitor to its source, including any account on the Platform not owned by you, or exploit the Platform or any service or information made available or offered by or through the Platform in any way that reveals any information, including but not limited to personal identification or information, other than your information;
11.1.10 Make any negative, derogatory, or defamatory statement(s) or comment(s) about the Company, its affiliates or group companies, or brands, or otherwise engage in any conduct or action that might tarnish the Company's or its affiliates' image or reputation, or dilute any trademarks or tradenames owned or used by the Company or its affiliates, and/or goodwill associated with them;
11.1.11 Not forge headers or otherwise alter identifiers to conceal the origin of any communication or transmittal you submit to the Company on or through the Platform or any service offered on or through the Platform. You must not impersonate someone or anything else; and
11.1.12 Use the Platform or any content for any purpose that is illegal or forbidden by these Terms or solicit the performance of any unlawful or other behavior that violates the Company's rights.
12. TERM AND TERMINATION
12.1 These Terms will continue to apply until terminated by either you or the Company, as per the terms herein.
12.2 If you wish to end these Terms, you can close your Platform User Account (if you have one). However, any rights and responsibilities arising from or relating to your Platform use prior to such termination would remain unaffected.
12.3 The Company reserves the right to terminate or suspend these Terms at any time, with or without notice, for any reason.
12.4 The Company may suspend or terminate these Terms and your User Account if:
12.4.2 The Company is required to do so by law; and
12.4.3 The Company has decided to terminate access to the Platform, particularly your access, with or without cause.
12.5 Any such termination or suspension will not impact your duty or obligation arising prior to such termination or suspension.
The Company expressly disclaimed any and all warranties concerning the Platform, products, and services, including the warranty of non-infringement. It implied merchantability, satisfactory quality, and fitness warranties for a particular purpose, except as expressly provided under the Studio Intrigue service warranty. The Company makes no representation or warranty that the Platform or the network to which it is connected will operate without problems or interruptions or that programming errors in the Platform will be discovered and fixed.
The Company is not liable for any delay or inability to use the platform or related functionalities, or for any information, software, products, functionalities, and associated graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability, or otherwise. Furthermore, the Company is not liable for the non-availability of the Platform during scheduled maintenance operations or any unforeseen suspension of access to the Platform that may occur, including technical reasons. Except for the promise that the firm has the necessary rights to allow access to the Platform, the Company makes no other warranties.
Regardless of anything herein to the contrary, (i)the Platform is provided "as is" and without warranty of any kind by the Company; (ii) the Company makes no promise of the Platform's timeliness, uptime, or un-interrupt ability; and (iii) the truth or completeness of the information on the Platform. The Company is not liable for any data loss or platform use caused by the actions or omissions of its third-party hosting or other suppliers.
You understand and accept that any material or data downloaded or otherwise received from the Platform is done thoroughly at their own risk. They will be solely responsible for any damage to their computer systems or loss of data that results from such download. The firm is not responsible for any loss you may suffer due to unauthorized use of your user account, user account information, or any products, services, or content, whether with or without your knowledge. The Company is not liable for any typographical errors that result in any type of invalidity.
14. INDEMNITY AND LIMITATION OF LIABILITY
14.1 You agree to fully indemnify the Company, its affiliates, their employees, directors, officers, and licensors against all losses, damages, and claims (including third-party claims) arising from or related to any use of the Platform by you in violation of these Terms or any applicable law or an infringement of third-party rights or any other terms applicable to the purchase of the Products or availing of the Services. The following applies whether the loss or damage is caused by your actions or the actions of a third party who uses your User Account.
14.2 The Company's right of indemnification hereunder is in addition to any and all other rights it may have in law, equity, or otherwise, including without limitation rights of specific performance, recession, and restitution.
14.3 You hereby agree and acknowledge that any payments made pursuant to this paragraph are not in the nature of a penalty but relatively reasonable compensation for the loss that would be suffered, and you hereby waive all rights to assert or defend any claim or defense that such payments are in the nature of a penalty.
14.4 The Company (including its officers, directors, employees, agents, or other representatives) or its affiliates or licensors are not liable for any special, incidental, consequential, or indirect damages, loss of goodwill, loss of revenues or business profits, loss of data, or exemplary or punitive damages arising out of or relating to these terms, whether framed as a breach of warranty, tort, contract, or otherwise. Even if the Company was aware of the risk of such damages, the following should apply. You agree that the restrictions of liability in this paragraph apply to any claims against the Company's employees or subcontractors and any other persons authorized by the Company.
Regardless of the nature of any claim, the Company, its officers, directors, employees, agents or other representatives, or its affiliates or licensors shall not be liable to you or any other person or entity under these Terms for indemnity or damages above the amount paid by you for or towards any Product or Service in connection with which the claim has arisen.
15.1 You must not use or reproduce any Confidential Information in any way, and all Confidential Information must be kept entirely confidential. You shall protect the Confidential Information in the same way you protect your proprietary and confidential information, which shall not be less than a reasonable standard of care. You shall not disclose any Confidential Information of the other to anyone other than those individuals whose access is required to enable you to exercise your rights and/or perform your obligations hereunder and who are subject to substantial confidentiality obligations.
"Confidential Information" is defined as information that I the Company protects from unrestricted disclosure to others; (ii) the Company or its representatives designate as confidential at the time of disclosure; or (iii) should reasonably be understood to be confidential given the nature of the information and the circumstances surrounding its disclosure; including, without limitation, information about or concerning any third party.
15.2 By evaluating your recommendations, feedback, or ideas, the Company assumes no responsibility for confidentiality or nondisclosure, stated or implied. You hereby grant the Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise commercially exploit any suggestion, feedback, or ideas you submit to the Company via the Platform or otherwise.
16. FORCE MAJEURE
By evaluating your recommendations, feedback, or ideas, the Company assumes no responsibility for confidentiality or nondisclosure, stated or implied. You hereby grant the Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise commercially exploit any suggestion, feedback, or ideas you submit to the Company via the Platform or otherwise.
The Terms and all transactions entered, and the relationship between you and Studio Intrigue and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Delhi, India, and You hereby accede to and accept the jurisdiction of such courts.
18. DISPUTE RESOLUTION
18.1 In the event of a dispute, controversy, or difference between you and the Company, the dispute shall be resolved amicably as far as possible through negotiations between you and the Company. The dispute shall be referred to arbitration if negotiations fail under the Arbitration and Conciliation Act, 1996.
18.2 If the dispute is sent to arbitration, the Company has the ability to designate a sole arbitrator, and you hereby consent to the Company's nomination of a sole arbitrator to resolve the dispute. The sole arbitrator's decision will be final and binding. The arbitration will take place in Delhi, and it will be conducted in line with the provisions of the Arbitration and Conciliation Act, 1996, or any subsequent amendments thereto. The sessions will be conducted entirely in English.
19. SECURITY POLICY
The Company takes the security of its systems, network, and infrastructure seriously. While the Company strives to use the latest technologies and best practices available to ensure a highly secure environment for its customers, the Company acknowledges that no technology is perfect. The Company constantly studies and looks for any weaknesses in the technology and design of the Platform. If you believe you've found a security issue in the Platform, the Company encourages you to notify firstname.lastname@example.org. The Company welcomes contributions and will work with you to resolve any issue promptly. The Company shall recognize the contributions of security researchers who invest their time and effort in helping make the Platform more secure.
20. INFORMATION AND PRESS RELEASES
The Company's information and news announcements are available on the Platform. While the Company believes this material to be authentic as of the date it was created, it makes no commitment to update it or any press releases. Information in the news release or elsewhere concerning entities other than the Company should not be taken as provided or endorsed by the Company.
21. CUSTOMER CARE
In case of any queries or feedback, you may reach out to the customer care team at E-mail: email@example.com
22. CONTACT US
If you have any concerns about Studio Intrigue or your use of the Site, please contact us with a detailed description, and we will try to resolve them at the earliest. E-mail: firstname.lastname@example.org