Greetings from Magnolia!
This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statues under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
M/S Pagan Lifestyle (we/us/our) provides you with premium quality, contemporary furniture, catalogued on our website www.magnoliahome.co.in, accessible over the internet on web enabled devices. Please read these Terms of Use in conjunction with our Privacy Policy, and all other rules and policies related to our service, including any rules of usage provisions provided for any specific Product or service offered by us.
These Terms of Use govern your use of the Website to browse and/or purchase the range of furniture and accessories (Products) displayed by us on the Website. By accessing our Platform, you indicate to have read, understood, and agree to be bound by the most recent version of these Terms of Use and all other applicable laws and regulations, without any limitation or qualification.
COMPATIBLE DEVICES
Our services are available across various devices, platforms which have been approved by us from time to time. Subject to compatibility, you may be able to access our services on the Website through handheld devices, other IP based connected devices or any other compatible system.
OUR RIGHTS TO THE WEBSITE
When you access the Website, you do so under a license granted from us. All rights, titles and interests in and to the Website itself, together with all the intellectual property related thereto including inter alia the domain name, copyrights, the look and feel of the Website, the trade name and trademarks, patents and designs are the sole property of M/S Pagan Lifestyles (Magnolia). We reserve all rights not expressly enumerated in these Terms of Use. All third-party trademarks and brand names that appear on the Platform are the property of their respective owners. We reserve the right to alter, modify, and/or filter the content on the Website at any time.
YOUR ACCOUNT ON THE WEBSITE
You may only access and avail the Platform only when duly authorized by us per the terms set out herein. You are not authorized to commercially exploit the Platform in any event whatsoever, unless specifically approved in writing by us.
You may be required to register with our Website in order to access certain services or areas of the Website. Your username and password on the Website are for your personal use only, and you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password on the Website. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information provided by you in connection with your use of the Website is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information you provide to us is false, inaccurate, obsolete or incomplete, we may terminate your use of and access to the Website.
YOUR USE OF OUR SERVICE
In order to avail our services and create an account on our Website, you must be 18 years of age. For users below the age of 18, consent should be provided by the holder of parental responsibility of the child.
You agree to use all our services, in accordance with the applicable laws, rules and regulations, or other restrictions applicable on use of the service or content therein. You further agree not to reproduce, distribute, modify, display, perform, archive, publish, license, create derivative works from, offer for sale, or use (except as expressly authorized under these Terms of Use) any content and information contained on or obtained through our service. You also agree not to circumvent, remove, degrade, or deactivate any of the contents of our service; and, or, use any robot, spider, scraper or other means to access our service. You also agree not to decompile, reverse engineer, and disassemble any software or other Products or processes accessible through our service. You further agree not to insert any code or product or manipulate the content of our service in any way; or use any data mining, data gathering or extraction method on the Website. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of our service on the Website. We may terminate or restrict your use of our service if you violate these Terms of Use or engage in any illegal or fraudulent use of our service.
Any use of the information you provide to us is subject to your understanding and acceptance of our Privacy Policy.
To find more information about our service, the Website and its features, or if you need assistance with your account, kindly Contact Us.
We will send you information pertaining to your account on our Website (e.g. payment authorizations, payment method, purchase of Product, and notices) in electronic form.
PRODUCT DESCRIPTIONS, FEATURES, SPECIFICATIONS AND COLOURS
We strive to ensure that the Product supplied to you corresponds as closely as possible to the Product displayed on the Website, but it may vary slightly due to the unique and characteristic variations of natural material. We are not responsible for any such variations, which add to the unique quality of the Product, including but not limited to variations in shade and colour from one manufacturing batch to another and any unique characteristics of the fabric such as shade variation, scars and blemishes.
We strive to display, as accurately as possible, the colours of the Products displayed on our Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate, and to this end, we recommend that your carefully read the product details and description available on the Website to ensure that they match your expectations.
NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from us via e-mail. You can unsubscribe from receiving communications and newsletters from us at any time by clicking on the unsubscribe link given at the bottom of the e-mail received by you.
SHIPPING, CANCELLATION AND RETURNS
Receipt of an electronic order or other form of order confirmation does not signify our acceptance of your order, nor does it constitute an intention to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. The order will be shipped as and when it becomes available. There may be instances where a Product ordered or parts thereof are out-of-stock, and this may delay its delivery. We will inform you if a Product ordered is out-of-stock. Your order will be shipped as soon as it becomes available. We cannot guarantee when an order will arrive and can only provide an estimated time of delivery. Please see our complete Shipping & Returns Policy and Cancellation and Refunds for further details.
We will continue with the delivery of the product if okay with the customers with the delay.
UNLAWFUL USES
The Website can only be used for lawful purposes and is only available for your personal, non-commercial use, which is limited to viewing, purchasing Products, providing information to the Website and downloading Product information for your personal view. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Website. We prohibit any unlawful use of the Website and require all users to agree to not use the Website, for any of the following:Posting any information which is incomplete, false, inaccurate and not your own; engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol; communicating, transmitting, or posting material that is copyrighted, trademarked, or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it; communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Indian export control laws; attempting to interfere in any way with the Website’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system.
COMMENTS AND FEEDBACK
All comments, feedback, ideas, suggestions, materials, information, product designs or concepts and other submission (comments) made on the Website, e-mail and/or telephonic calls must not be confidential, proprietary, offensive, abusive, obscene, defamatory or otherwise unlawful. Further, submission of Comments constitutes an assignment to us of all worldwide rights, titles, interests and goodwill, without payment of any compensation. The Comments must not infringe on any third-party rights.
TRANSACTIONS
We make available Products for purchase through the Website, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Website. If you wish to purchase any Product made available through the Website, you may be asked to supply certain information relevant to your transaction, including, without limitation, your credit/debit card number, the expiration date of your credit/debit card, one-time passwords/ PINs, your billing address and shipping information. You represent and warrant that you have the legal right to use any credit/debit card(s)/ net banking utilized in connection with any transaction on or through the Website. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
We accept the following payment modes: Credit Card, Debit Card, Net Banking, Mobile Payments, Paytm, Wallet and UPI. Please ensure that the exact billing address and contact details are provided as any incorrect information will cause a delay in processing your order.
INTELLECTUAL PROPERTY
All content displayed on the Website including inter alia designs, text, logos, images, information, graphics (Content) is owned and licensed by us or our content suppliers, and is protected by copyright, trademark, design and other proprietary rights. The collection, arrangement and assembly of all Content on the Website is our exclusive property and protected under the applicable laws. The Content of the Website is intended solely for personal, non-commercial use by the users. You may download, print, post and store portions of the Content for personal, non-commercial use, provided you do not modify or alter the Content in away, delete and/or change any copyright or trademark notice.
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, designs, products, processes, technology, content and other materials that appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of ours or any third-party’s intellectual property.
THIRD-PARTY WEBSITES
The Website may contain links to websites of third parties, including social media websites and Product manufacturers. We are not responsible for and have no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website(s). We strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third-party website(s). The links and interactive functionality for third-party sites on the Website in no way constitutes an endorsement by us of these third-party website(s). Other sites may link to the Website with or without our authorization. Your use of third-party website(s) and resources is at your own risk.
TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of our Website, and to block or prevent future access to and use of the Website if you violate any of terms set out in this Terms of Use. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be affected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of this Terms of Use which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive.
LIABILITY
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any derogatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content.
CHANGES TO TERMS OF USE AND ASSIGNMENT
We may from time to time change these Terms of Use and it is recommended you stay updated with the same. Such changes will be effective immediately upon being posted on the Website. Your continued use of the Website will indicate your acceptance of the current Terms of Use. If you do not agree to the change(s) made to the Terms of Use, you must immediately stop using the Website. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer. Your continued use of the services will be deemed to constitute your acceptance of all such revised terms.
DISCLAIMERS OF WARRANTIES – GENERAL
You expressly understand and agree that, to the maximum extent permitted by applicable law: While we endeavour to ensure your access and use of the Website is safe, we cannot and do not represent and warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.
INDEMNITY
In order to use the Website, you agree to defend, indemnify and hold us harmless and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, costs and expenses (including without limitation – reasonable attorneys’ fees and expenses) arising out of or otherwise relating to your use of the Website.
SEVERABILITY
If any provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use will be governed by the laws of India, and for resolution of any dispute arising out of your use of our Platform, the courts of Mumbai shall have exclusive jurisdiction.
Any dispute arising out of or in connection with this Terms of Use including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (MCIA Rules), which rules are deemed to be incorporated by reference in this paragraph. The seat, venue and place of the arbitration will be Mumbai. The tribunal will consist of 1 arbitrator as appointed by Mumbai Centre for International Arbitration, and the language of the arbitration will be English. The law governing this arbitration agreement will be the Arbitration and Conciliation Act, 1996.
MODIFICATIONS TO THE PLATFORM
M/S Pagan Lifestyles (Magnolia) reserves the right at all times to modify, discontinue, temporarily or permanently, the Platform without notice. You agree that WordPress will not be liable to you or any third party for any modification, suspension or discontinuation of the Platform.
