• 1.A. These terms of offer for sale ("supply terms") apply to products and services purchased on www.ergokraft.com (“the Website”) which is a website owned and operated by M & M India Inc. ,referred as ("M & M India Inc." or "we" or "us" or “ ergokraft or “our “ and its successors and assigns). Under these supply terms the users of the website will be referred to as ("you" or "your" or "yourself" or "user" or “customers”).
• 1.b. Please read these supply terms carefully before purchasing any products or availing any services on the website. Any purchase made by you through the website shall signify your acceptance of the supply terms and your agreement to be legally bound by the same. In addition to the foregoing, you shall also be bound by the terms of use of the website, or additional terms which are displayed with the selection of the product, if any ("additional terms"). If there is any conflict between the supply terms and the additional terms, the additional terms shall take precedence in relation to that sale to the extent of such conflict. If you do not agree with the supply terms, please do not access the website for any purchase.
2. BUSINESS
• 2.A. The website is a platform for online sale of furniture and home decor merchandise (“products”) and allied services ("services") offered by us and the purchase of products and service by you. Ergokraft has the right to change or discontinue any products and service at any time, without notice. Ergokraft may add or modify the procedures, modes, processes or conditions of purchase at any time. Ergokraft shall not be liable to you or to any third party for any modification, suspension or discontinuance of any product or any aspect of the services.
3. PRODUCTS AND SERVICES
• 3.A. Ergokraft sells a variety of products. Services, such as shipping, in relation to the products shall be as per the Ergokraft policy, which may be changed by Ergokraft from time to time.
4. SERVICES
• 4.A. You should take all responsibility for your own actions in utilizing the products and service and the website in relation to the services availed or purchased by you and Ergokraft shall not be liable for any such action or consequence thereof.
• 4.B. You represent that you are of legal age to form a binding contract and are not a person barred from purchasing products or receiving services under the laws as applicable in India.
5. PRICING INFORMATION
• 5.A. The Pricing Information relating to the product shall be as displayed on the website and as disclosed to you at the time of your purchase/order.
• 5.B. Ergokraft does not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.
• 5.C. While Ergokraft strives to provide accurate information relating to products and services including pricing information, but typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error, Ergokraft will have the right to modify the price of the product or services and contact you for further instructions via e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If Ergokraft cancels the order after the payment has been processed, the said amount will be remitted to your account from which the payment was made.
6. CREDIT CARD DETAILS
• 6.A. You might be required to provide your credit or debit card details to the approve payment gateways while making the payment. In this regard you agree to provide valid, correct and accurate credit / debit card details to the approved payment gateways for purchasing products or availing services on the website. You shall not use the credit / debit card that is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit / debit card details. Ergokraft expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
7. DELIVERY OF THE PRODUCT
• 7.A. Your shipping address and pin code will be verified for serviceability with the database of Ergokraft after/before you proceed to pay for your purchase. If your order is not serviceable by representatives of Ergokraft or the area/pin code is not covered, we will request you to provide us with an alternate shipping address which we expect to have within Ergokraft serviceable area. If there is any dispute regarding the shipment of the product or delivery of services for the area not covered by Ergokraft, Ergokraft will not be responsible for the non-delivery of the product or services. You can make purchases on the website from anywhere in the world but the shipping address must be within India, in an area serviceable by us.
• 7.B. In case you book multiple orders for the products and services in one transaction, efforts will be made to ship all products together. However, this may not always be possible. Once the products ordered by you reach the nearby delivery centre and Ergokraft makes delivery attempt once, and you cancel the delivery the products, Ergokraft will try to hold the products in the delivery centre for a week, beyond which if you do not take the delivery of the products, Ergokraft shall be free to cancel the order.
8. Cancellations, Returns and Refunds
Returns or replacement:
8.A. Ergokraft offers an easy return policy for following 4 reasons ie. damaged product, manufacturing defect ,incomplete product, incorrect product. A written communication to customercare@ergokraft.com is required within 48 hrs of delivery along with images of defective product & purchase invoice. We request you to retain all packing materials unless instructed otherwise by our team. Our customer support team will call you within 48 hours to resolve the problem as soon as the refund request is validated by us.
Refunds:
• 8.B. Once your return claim is accepted by us refunds will be processed within 24 Hours after defective item has been collected . Depending on the mode of payment used by you , banks and payment gateways usually take between 7-10 working days to credit the amount to your account. The refund amount will be equal to the paid amount paid for the product .
Cancellation:
• 8.C. Order cancellations are accepted only within 24 hours of placement of order or on all unshipped orders whichever is earlier by email customercare@ergokraft.com.
Refunds will be processed as mentioned above in item 8.B..
9. Warranties and Claims.
• 9A. Ergokraft warrants that Supplied Products are free from defects in materials and production. This warranty is valid from the date of delivery to the original end user and is non-transferable. End user means the final purchaser acquiring a product from Ergokraft for the purchaser’s own use and not for re-sale, remarketing or distribution.
• 9.B. All products carry an standard warranty of 12 months against any manufacturing defects. Pursuant to this limited warranty, if a product fails under ordinary use as a result of a defect in materials or production, ergokraft.com will (i) repair or, at ergokraft option, replace the affected product at no charge, with a new or refurbished product of comparable function, performance and quality or (ii) refund or credit of the purchase price for the affected product, at ergokraft discretion, if ergokraft determines that repair or replacement is not commercially practicable or cannot be timely made.
9.C. Warranty does not apply to product defects, damage, failure or loss resulting from:
• Normal wear and tear.
• Failure to apply, install, reconfigure, or maintain products according to published ergokraft.com or manufacturer instructions and guidelines.
• Abuse, misuse, or accident (including, without limitation, use of product in unsuitable environments or conditions).
• Alteration or modification of the product.
• The substitution of any unauthorized non-ergokraft.com components for use in the place of ergokarft components in an integrated product solution, including but not limited to worksurfaces, leg supports, panels, brackets, shelves, overhead bins and other integral components.
10. Indemnification and Limitation of Liability
• 10.1. You agree to indemnify, defend and hold harmless Ergokraft from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Ergokraft that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms or any additional terms applicable to the purchase of products and/or services.
• 10.2. In no event shall Ergokraft, its officers, directors, employees or partners be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Ergokraft 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 tortuous action, or any other claim arising out of or in connection with your purchase of the products and services herein. Notwithstanding anything to contrary, Ergokraft’s entire liability to you under this terms of offer for sale or otherwise shall be limited to the refund of the moneys paid by you, for any product or service in connection with which the claim has arisen, which amount shall be refunded to you.
11. Governing Law
• 11.1. These Supply terms and the relationship between you and Ergokraft shall be governed in accordance with the laws of India without reference to conflict of laws principles.
• 11.2. All claims, differences and disputes arising under or in connection with or in relation to these supply terms or any transactions entered into on or through the website or the relationship between you and Ergokraft shall be subject to the exclusive jurisdiction of the courts at Mumbai and you hereby accede to and accept the jurisdiction of such courts.