This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This platform (“Platform”) is owned and made available by [Drape Story], a company incorporated under the Companies Act, 1956 with its registered office at 2nd B-201, SANSKRUTI BUILDING, COSMOS HERITAGE, TIKUJINI WADI, CHITALASAR, MANPADA, THANE WEST, 400607 (hereinafter referred to as "Company", “We” or “Us”), enables users (“you”, “your” or “User”) (i) to browse through and purchase from a wide collection of signature furniture and home décor products; (ii) to request for customised furniture and home décor products (together referred to as, “Product”); and (iii) to avail consultation services from experts on-boarded with the Company for customised home décor solutions (collectively, “Products and Services”).
Only persons who can form legally binding contracts under Indian Contract Act, 1872 may transact on the Platform. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian. As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. We reserve the right to terminate your registration and / or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that You are incompetent to contract.
3.Your Account and Registration Obligations
- 3.2. It is solely your responsibility to ensure that all information entered by you is up to date on the Platform at all times.
- 3.3 You agree that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your account in cases, including, where You have failed to update your contact details on the Platform.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us as and when required. We may communicate with you via email or by such other mode of communication, electronic or otherwise.
6. Placing your order on the Platform
- 6.1 The Company offers you a wide range of Products and you may place your order through the Platform.
- 6.2 You may also request for a sample fabric of the Product, as applicable and as may be available with the Company. The Company shall provide up to five (5) fabric samples free of cost to the location as may be provided by you.
- 6.3 Upon successful placement of your order on the Platform, the Company shall process your order and arrange for a delivery basis the standard delivery policy of the Company.
- 6.4 For any custom products, the Company shall charge a non-refundable 25% advance of the total price of the Product.
- 6.5 The Company shall provide 10% additional fabric for any Product, as applicable to overcome any minute shortage and/or miscalculations while placing the order. This shall be inclusive of the total price of the Product.
- 6.5 You are encouraged to refer to the following https://drapestory.com/how-to-measure for assistance in placing an order for our wide range of curtains and drapes.
7. Delivery and Installation
- 7.1 Products are typically dispatched within 7 days of order confirmation depending on Your destination and services related to the Product shall be provided after the delivery of the Product. Once the product is dispatched for delivery We will notify you of the same. You may also track the delivery of your Product through your account on the Platform.
- 7.2 All the Products are transported and delivered using the Company’s partner delivery network.
- 7.4 For pre-orders and customised Products, the estimated delivery time is 7 days starting from the day of placement of such order. Please note that we will NOT be able to ship pre-orders earlier than the indicated time.
- 7.5 Products may require installation upon delivery and you may choose to have the Product installed by the Company’s installation team. Such an installation request shall have to made at the time of placement of your order with the Platform. The installation team shall get in touch with you through the contact details provided on the Platform upon the delivery of the Product to schedule installation.
- 7.6 The installation team shall contact you for scheduling installation of the Product, as may be applicable. In the event of your unavailability or a request for rescheduling the installation, the installation team shall contact you on the next available business day. The Company shall permit your request for rescheduling of the installation only once
- 7.7 You are requested to provide the Company with all the pre-requisite information to help us with the delivery of the Product. You agree and acknowledge to have all the permissions in place with respect to elevator usage and/or any other permissions that may be required by your residence/complex. The Company shall not be responsible for any damage that may incurred to the Product due to absence of elevator permission at your residence.
- 7.8 Should you choose to have the Products installed by yourself or by an external party not associated with the Company, the Company shall not be responsible for the damages to the Product whatsoever.
8. Cancellation and Return
- 8.1 The Company follows highly specialized quality control measures that ensure the Product is up to our standards when the User receives the Product. In case you receive a damaged Product please bring it to the notice of the delivery personnel immediately. In case you notice an issue later, please write to us at email@example.com
- 8.2 If you find a defect in the standard curtains received, please send an email to firstname.lastname@example.org with details and photographs of the defect. This will help our team identify the correct course of action, and they may reach out to you for additional details. If the curtains sent to you have genuine defects, we will work with you to ensure that you receive a fresh replacement at the earliest.
- 8.3 The Company will assess the damage and get back to you within [*] business days. Depending on the degree of damage, We will either repair the Product, or offer you a replacement.
- 8.4 In the event you are dissatisfied with the Product delivered, you may request for a return or replacement of the Product within [*] days of the delivery of the Product as per the Company’s policy. Notwithstanding the foregoing, you acknowledge and agree that the Company shall not be responsible for dissatisfaction for the Product caused by an error in the specifications/measurements provided to the Company at the time of placement of your order. In such a scenario, the Company does not guarantee any replacement of the Product or restitution of damages incurred.
- 8.5 The Company does not offer any returns and/or replacement for dissatisfaction other than defects or damages for curtains other than customised curtain orders.
- 8.6 The Company offers you a sixty (60) day replacement for pilling and or fading of the fabric from the date of the delivery of the Product.
- 8.7 The Company shall offer a refund/ replacement, as the case may be, for misprint, manufacturing defect before or during installation. Once upholstered, the Company shall not accept any requests for returns except as stated above.
- 8.8 Our installation partner shall only be responsible for removing old fabric and replacing it with the new fabric, as the case may be. Any additional requests from you for changing foam, shape, cushioning etc is not a functional or monetary liability of the Company and shall not be entertained.
- 8.9 8.9.You are free to cancel the order placed by you for a Product within 24 hours of the placement of such order. However, post 24 hours of placement of an order the Company shall accept no such cancellation requests and the does not guarantee any restitution of damages incurred.
- 8.10 Upon cancellation or return of a customised product, you agree and acknowledge that you shall forfeit the 25% advance paid on the total price of Product at the time of placement of your order.
- 8.11 Cancellation of the order at the time of delivery or post successful delivery shall not be permitted.
- 8.12 The decision of the Company for any cancellations, returns and/or refunds shall be final and binding.
- 8.13 Please visit https://drapestory.com/refund-policy for detailed information.
Creation of an account for use of the Platform is free for Users. The Company does not charge any fee for browsing and buying on the Platform. The Company reserves the right to change its fee policy from time to time. Any changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
11. Platform Use Restrictions
- 11.1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- a. belongs to another person and to which You does not have any right to;
- b. 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
- c. is misleading in any way;
- d. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- e. harasses or advocates harassment of another person
- f. involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming
- g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- h. infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
- i. promotes an illegal or unauthorized copy of another person's copyrighted work;
- j. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- j. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- l. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- m. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform;
- n. interferes with another User’s use and enjoyment of the Platform or enjoyment of similar services;
- p. harm minors in any way;
- q. 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 products;
- r. violates any law for the time being in force;
- s. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- t. impersonate another person;
- u. 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;
- v. 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.
- w. is false, inaccurate or misleading;
- 11.2You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not made available through the Platform.
- 11.3 You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
- 11.4 You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
- 11.5 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company.
- 11.6 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
- 11.8 You shall at all times during your use of the Platform ensure full compliance with applicable law.
12. Payment :
- (a) Lack of authorization for any transactions, or
- (b) Any payment issues arising out of the transaction, or
- (c) Decline of transaction for any other reason.
14. LINKS TO THIRD PARTY SITES AND APPLICATIONS:
- 14.1 The Platform may contain links to other web sites/applications, whether in the form of a separate tab and/or facility within the Application or otherwise ("Linked Sites"). The Linked Sites may not be under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
- 14.2 Any dealings with third parties (including advertisers) included within or available via the Linked Sites or participation in promotions are solely between you and the advertiser or other third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.
- 14.4 The Company reserves the right to suspend and/or remove any Linked Site or disable any content forming part thereof at its sole discretion without any prior notice to you.
15. Applicable Law
16. Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Those who choose to access this site from other locations/countries other than India do so on their own initiative and Company is not responsible for supply of products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable
17. Trademark, Copyright and Restriction
- 17.1 The Company shall own title, interest and rights, including all related intellectual property rights, in/of the Platform including but not limited to object code of the Platform, features of services, which is/are protected by the applicable laws except the content owned by the User. You acknowledge that such ownership shall include all intellectual property rights arising from any suggestions, enhancement requests, recommendations or other information provided by the User, whether in the course of use of the Platform or otherwise
- 17.2 All materials provided on this Platform, including but not limited to all information, materials, functions text, logos, designs, graphics, images, sounds, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of the Company/or its vendors or suppliers
- 17.3 All material on this site, including images, illustrations, audio clips, and video clips, if any, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
- 17.4If you have reason to believe the Material and/or content thereof available on the Platform is in breach of your intellectual property rights We request you to write to us on email@example.com
You understand that while using this Platform, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Platform at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
- 19.1 You agree and acknowledge that the colour of the actual Product may differ from the images displayed on the Platform.
- 19.2 The Company does not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
20. Limitation of Liability
- 20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE PLATFORM OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE PLATFORM, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE PLATFORM OR THE CONTENT. FURTHER, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE PLATFORM BY THE COMPANY OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
- 20.2 YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ANY EQUIPMENT AND ANCILLARY SERVICES (INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES THEREFORE) REQUIRED TO CONNECT TO, ACCESS OR OTHERWISE USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, VIDEO-ENABLED DEVICES, VIDEO COMMUNICATION SERVICES, MODEMS, HARDWARE, SERVERS, SOFTWARE, OPERATING SYSTEMS, NETWORKING, WEB SERVERS, INTERNET AND TELEPHONE SERVICE (COLLECTIVELY, “EQUIPMENT”). YOU WILL ALSO BE RESPONSIBLE FOR MAINTAINING THE SECURITY OF THE EQUIPMENT AND FOR ALL USES OF THE EQUIPMENT WITH OR WITHOUT YOUR KNOWLEDGE OR CONSENT.
- 20.3YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICE OR SHARE WITH OTHER USERS OR RECIPIENTS. YOU WILL NOT TRANSMIT ANY CONTENT THAT YOU DID NOT CREATE OR THAT YOU DO NOT OWN ALL RIGHT, TITLE AND INTEREST IN AND TO, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHT AND RIGHTS OF PUBLICITY CONTAINED THEREIN.
- 20.4 THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- 20.5 YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL SERVICES OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE PLATFORM BY ANY THIRD PARTY.
- 20.6IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO: (A) LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF APPLICATION; (B) ANY DELAY OR INABILITY TO USE THE PLATFORM OR SERVICES; (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE PLATFORM; (D) OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM OR THE SERVICES OF THE COMPANY; WHETHER OR NOT ALL OF THE ABOVE LOSSES, CLAIMS OR DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EVEN IF THE COMPANY AND/OR ITS AFFILIATES AND/OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, CLAIMS OR DAMAGES.
21. Termination (temporary and permanent disablement):
The Company shall be under no liability whatsoever in the event of non-availability of any portion of the Platform or subscribed content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of the Company.
If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of these Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms.
24. Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: