TERMS OF USE
Welcome to Timbertech.in (“Website”). TIMBER TECH &/or its affiliates provide website features & other products & services to you when you shop at Timbertech.in, use Timber Tech products or services, or use of software provided by TIMBER TECH in connection with any of the foregoing. TIMBER TECH provides the services subject to the following conditions. This user agreement (“Terms & Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) & TIMBER TECH (“Company” or “us” or “we” or “Timbertech.in”). This document is an electronic record in terms of Information Technology Act 2000 & rules there under as applicable & 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 & does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below & any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
INTRODUCTION
The domain name www.timbertech.in (hereinafter referred to as “the Website”) is owned by Timber Tech Home Innovations LLP (hereinafter referred to as the “Company”), having its registered office at 5BCD, Government Industrial Estate, Hindustan Nakka, Charkop, Kandivali West. Mumbai 400 067
TIMBER TECH reserves the sole right to update or modify these Terms & Conditions at any time without prior notice. For this reason, we encourage you to review these Terms & Conditions every time you purchase products from use our Web Site.
PRIVACY
We view protection of your privacy as a particularly important principle. We understand clearly that You & Your Personal Information is one of our most important assets. We store & process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures & procedures in accordance with Information Technology Act 2000 & Rules there under. If you object to our current Privacy Policy & your information being transferred or used in this way, please do not use Website.
ELECTRONIC COMMUNICATIONS
When you use any of our Services, or send e-mails to us, you are communicating with us electronically & consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures, other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in-conformity with the Indian Information Technology Act, 2000 & rules there under as applicable & the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party & so expressly mentioned, TIMBER TECH owns all Intellectual Property Rights to & into the Website, including, without limitation, any & all rights, title & interest in & to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets & inventions (whether patent-able or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge & agree that you shall not use, reproduce, or distribute any content from the Website belonging to TIMBER TECH without obtaining authorization from it.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. TIMBER TECH does not have any express burden or responsibility to provide the Users with indications, markings, or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted TIMBER TECH the royalty-free, perpetual, irrevocable, non-exclusive right & license to use, reproduce, modify, adapt, publish, translate & distribute such material (in whole or in part) worldwide &/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants TIMBER TECH, the right to edit, copy, publish & distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to & are for the benefit of TIMBER TECH, its subsidiaries, affiliates & its third party content providers & licencors & each shall have the right to assert & enforce such provisions directly or on its own behalf.
TRADEMARKS
The Site contain copyrighted material, trademarks & other proprietary information, including, but not limited to text, software, photos, video, graphics, music, sound & the entire contents of TIMBER TECH protected by copyright as a collective work under the applicable copyright laws. TIMBER TECH owns a copyright in the selection, coordination, arrangement & enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, re transmission , publication, or commercial exploitation of downloaded material without the express permission of TIMBER TECH & the copyright owner is permitted.
If copying, redistribution, or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with TIMBER TECH shall not be deemed to be in the public domain but rather the exclusive property of TIMBER TECH, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit & use of TIMBER TECH, unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
TIMBER TECH respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to sales@timbertech.in
USER RESPONSIBILITY & REGISTRATION OBLIGATIONS
If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. TIMBER TECH reserves the right to terminate your membership & refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID & Password. You are responsible for all activities that occur under your User ID & Password. You agree, inter- alias , to provide true, accurate, current & 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 we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, TIMBER TECH 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.
As a condition of purchase, the Site requires your permission to send you administrative & promotional emails. We will send you information regarding your account activity & purchases, as well as updates about our products & promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS shall be subject to change at the sole discretion of TIMBER TECH and TIMBER TECH owes no responsibility to provide you any information regarding such change.
You undertake not to host, display, upload, modify, publish, transmit, update, or share any information that is contained on the website that belongs to another person & to which you does not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilia , libelous , 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate 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; threatens the unity, integrity, defense , 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. That in case it is found that you are in violation of these express conditions, you shall be solely responsible & shall face all legal consequences of the same by yourself & TIMBER TECH shall in no manner be held responsible for the same.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible & shall face all legal consequences of the same by yourself & that TIMBER TECH shall in no manner be held responsible for the same.
BILLING
The price of our merchandise as mentioned on Timbertech.in is the Maximum Retail Price (MRP) for the said product. Such MRP shall be exclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order must be shipped to. The tax rate applied & charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. TIMBER TECH reserves the right to collect taxes &/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay.
CREDIT NOTE POLICY
Credit Note will be sent via email. Physical copy of the Credit Note will not be sent separately.
· Credit Note value can be partially redeemed in multiple transactions using the same code.
· In case of order value exceeding the Credit Note amount, the outstanding balance must be paid by Debit Card/Credit Card/Net Banking or PayPal
· To redeem a Credit Note against an online order(s), please sign into the account associated with the customer in whose name & email address the credit note has been issued.
· Credit Notes will be valid for 6 months from the date of issue.
· Timber Tech shall not be held responsible for any Credit Notes being lost or stolen or redeemed without owner’s permission.
·
Credit Note Policies are subject to change at any time without prior
notice.
ORDER CANCELLATION BY TIMBER TECH
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. TIMBERTECH reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit & fraud avoidance department or any defect regarding the quality of the product. We may also require additional
verification
or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned & made available to the user in case of cancellation by TIMBERTECH.
SHIPPING & PROCESSING FEe
Our shipping & processing charges are intended to compensate TIMBERTECH for the cost of processing your order, handling & packing the products you purchase & deliver them to you. For further information please refer to our Shipping & Payment Policy.
PAYMENT
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the pre-set limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
All payments made against the purchases/services on Timbertech.in by you shall be as against the MRP + taxes displayed on the website & shall be in terms & conditions of the third party Online Payment Gateway Services as adopted & applicable to your transaction as approved by TIMBER TECH. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID & address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done to ensure a safe & a fool proof online shopping environment to our users.
TIMBERTECH may employ PayPal & such other third-party facilities, for Payments on the Website. Such payments can be made through the electronic transactions as may be permitted by TIMBER TECH which shall be at its sole discretion. Use of such third-party services will be governed by their User Agreement, Seller Terms, Conditions & other rules & policies as may be required & applicable for your nature of activities.
DELIVERY
TIMBER TECH endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if TIMBER TECH fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, TIMBER TECH may at its discretion charge you for additional shipping cost.
PRODUCT DESCRIPTIONS
Products displayed on TIMBERTECH attempts to be as accurate as possible. However, we do not warranty that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by TIMBERTECH is not as described, your sole remedy is to contact us within 48 hours of receipt & TIMBERTECH reserves the right to provide a solution as per its discretion. TIMBERTECH is not liable to issue any refunds or allow exchanges &/or returns as a matter of policy.
PRODUCT COMPLIANCE
Products displayed/ sold on the TIMBERTECH website are manufactured/ procured as per the applicable Local Laws of India & are in conformity with the required Indian industry standards.
INACCURACY DISCLAIMER
From time to time there may be information on our Website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, & availability. TIMBERTECH reserves the right to correct any errors, inaccuracies or omissions & to change or update information at any time without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software) & other services included on or otherwise made available to you by TIMBERTECH are provided on an AS IS & AS AVAILABLE basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through TIMBERTECH, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
TIMBERTECH does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website & that TIMBERTECH shall not be liable for any damages of any kind related to your use of this Website.
Though TIMBERTECH shall make all endeavors to protect its websites from any viruses or other illegal use of its website, we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. TIMBERTECH shall not be responsible for any non-compliance regarding the local laws of that territory for any product available on this website.
TIMBERTECH will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive & consequential damages, unless otherwise specified in writing.
INDEMNITY
You agree to indemnify & shall not hold TIMBERTECH (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life &/or property caused by the products delivered.
BREACH
In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules & policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, &/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.
Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due & owing by you to us & 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.
Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
SEVER-ABILITY
We reserve the right to make changes to our Site, Policies, Service Terms & these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed sever-able and shall not affect the validity and enforce-ability of any remaining condition.
WAIVER
The failure by TIMBERTECH to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by TIMBERTECH of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
FORCE MAJEURE
Failure on the part of TIMBERTECH to perform any of its obligations & non furnishing of the service, shall not entitle you to raise any claim against US or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of TIMBERTECH that directly or indirectly hinders or prevents TIMBERTECH from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
DISPUTE RESOLUTION
This agreement shall be construed & the legal relations between YOU & TIMBERTECH hereto shall be determined & governed according to the laws of India. If any dispute arises between You and TIMBERTECH regarding Your use of the Website or Your dealing with TIMBERTECH in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions &/or Privacy Policy including but not limited to the rules & policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Mumbai.
Your obligations to pay the Payment Fees shall not be suspended during the pend-ency of such proceedings.
GRIEVANCE
Any grievances you have by way of use of the website can be addressed by way of email to sales@timbertech.in
The ‘Customer Care’ shall thereafter consider the same & provide a response within one month of the date of such complaint/ grievance.
GOVERNING LAW
These Terms & Conditions or the documents of third-party payment channels shall be governed & construed in accordance with the Laws of India. This document is an electronic record in terms of 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 & does not require any physical or digital signatures.