1· DEFINITIONS
In these Terms and Conditions of Sale, “Seller” means MAISON ( parent company of the “Petrichor” brand); “Buyer” means the person, firm, company or corporation by whom the order is given.
Eligibility to Use
The services offered by www.petrichorhome.com are not available to minors. In India, persons under 18 years of age are minors. It shall be your responsibility to ensure that you are eligible to enter into a contract if you are resident outside India. If you do not conform to the above qualification, you are not permitted to avail of the services. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.
The company reserves the right to refuse access to use the services offered at the website to new users or to terminate access granted to existing users at any time for any reason or without providing any reasons.
2· THE CONTRACT
2.1 The Contract shall become effective only upon the date of acceptance of Buyer’s order on Seller’s Acknowledgement of Order or upon the date of fulfilment of all conditions precedent stipulated in the Contract, whichever is the later (the “Effective Date.
2.2 No alteration or variation to the Contract shall apply unless agreed in writing by both parties. However, Seller reserves the right to effect minor modifications and/or improvements to the Goods before delivery provided that the performance of the Goods is not adversely affected and that neither the Contract Price nor the delivery date is affected.
- VALIDITY OF QUOTATION AND PRICES
3.1 Unless previously withdrawn, Seller’s quotation is open for acceptance within the period stated therein or, when no period is so stated, within thirty days after its date.
3.2 Prices are firm for delivery within the period stated in Seller’s quotation and are inclusive of (a) Import Duties and (b) shipping and handling – Doorstep delivery.
- PAYMENT
4.1 Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded); and (b) in the currency of Seller’s order confirmation within thirty days of date of invoice unless otherwise specified by Seller’s Finance Department. Goods will be invoiced at any time after their readiness for dispatch has been notified to Buyer
- DELIVERY PERIOD
5.1 Unless otherwise stated in Seller’s order confirmation, all periods stated for delivery or completion run from the Effective Date and are to be treated as estimates only not involving any contractual obligations. A standard time period of 7-14 days applies for soft furnishings,unless otherwise said so. Furniture is variable based on work necessity.
5.2 If Seller is delayed in or prevented from performing any of its obligations under the Contract due to the acts or omissions of Buyer or its agents (including but not limited to failure to provide specifications and/or fully dimensioned working drawings and/or such other information as Seller reasonably requires to proceed expeditiously with its obligations under the Contract), the delivery/completion period and the Contract Price shall both be adjusted accordingly.
- DELIVERY, RISK & TITLE
7.1 Unless otherwise expressly stated in the Contract, the Goods will be delivered to the destination named in the Contract. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery as aforesaid and Buyer shall be responsible for insurance of the Goods after risk has so passed.
7.2 Title to the Goods shall pass to Buyer upon delivery in accordance with Clause 7.1.7.3 Claims for shortfalls in quantity or for incorrect delivery shall be void if made more than 14 days after receipt by the customer.
- DEFECTS AFTER DELIVERY
8.1 Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Seller and/or Seller’s Affiliates shall conform with Seller’s specifications therefore and be free of defects in materials and workmanship. Seller will make good by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Goods of Seller’s Affiliates’ manufacture and which are reported to Seller within 6 calendar months after their delivery (the “Warranty Period”) and which arise solely from faulty materials or workmanship. Repaired or replacement items will be delivered by Seller at Seller’s cost to Buyer. Goods replaced in accordance with this Clause 10.1 shall be subject to the foregoing warranty for the unexpired portion of the Warranty Period or for ninety days from the date of their return to Buyer (or completion of correction in the case of Services), whichever expires the later.8.2 Notwithstanding Clause 8.1, Seller shall not be liable for any defects caused by: fair wear and tear; materials or workmanship made, furnished or specified by Buyer; non-compliance with Seller’s storage, installation, operation or environmental requirements; lack of proper maintenance; any modification or repair not previously authorized by Seller in writing. Buyer shall at all times remain solely responsible for the adequacy and accuracy of all information supplied by it.8.3 Subject to Clause 10.1, the foregoing constitutes Seller’s sole warranty and Buyer’s exclusive remedy for breach thereof. No representations, warranties or conditions of any kind, express or implied, shall apply as to satisfactory quality, merchantability, fitness for any particular purpose or any other matter with respect to any of the Goods.
- DEFAULT, INSOLVENCY AND CANCELLATION:Seller shall be entitled, without prejudice to any other rights it may have, to cancel the Contract forthwith, wholly or partly, by notice in writing to Buyer, if (a) Buyer is in default of any of its obligations under the Contract and fails, within 30 (thirty) days of the date of Seller’s notification in writing of the existence of the default, either to rectify such default if it is reasonably capable of being rectified within such period or, if the default is not reasonably capable of being rectified within such period, to take action to remedy the default.
- REFUNDS AND CANCELLATION: Seller shall refund buyer payment upon breaking contractual obligation to buyer, within 30 days of the Contract forthwith, wholly or partly, by notice in writing to Buyer, if (a) Seller is in default of any of its obligations under the Contract and fails to uphold the terms of the agreement, only if it is unable to rectify such default if it is reasonably capable of being rectified within such period or, i.e. providing exchange of aforementioned damaged goods to the buyer.
- In case of refunds, payments will be refunded via online payment portal to the account via which funds/payment have been made to MAISON. Online payment for goods will be refunded within 14-21 working days through the online gateway used in purchasing goods or services. All refunds are processed and a transaction number is shared post which the said amount will be credited to your account in the aforementioned period.
- DEFAULT, INSOLVENCY AND CANCELLATION:Seller shall be entitled, without prejudice to any other rights it may have, to cancel the Contract forthwith, wholly or partly, by notice in writing to Buyer, if (a) Buyer is in default of any of its obligations under the Contract and fails, within 30 (thirty) days of the date of Seller’s notification in writing of the existence of the default, either to rectify such default if it is reasonably capable of being rectified within such period or, if the default is not reasonably capable of being rectified within such period, to take action to remedy the default.