Please read these terms and conditions carefully before placing an order for any products and/or services with the Sellers i.e. M/s. NIMRO ("We" or "Our" or "Us" or “Ourselves” wherever applicable) on the www.planyourspace.in (“website”). On placing an order it is deemed that you haveaccepted these terms and conditions andyou agree that you have read, understood, and agreed to be bound by this agreement:
- Conditions Relating to the Sale of Products/ Services to You
This clause deals with terms and conditions relating to the sale of products and/or services on the website by us to you.
Your order is an offer to us, to buy the product/s and/or use our services. On confirming the order and terms and conditions stated below, you will receive an e-mail confirming receipt of your order which contains the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgement that we have received your order. Further when the product is dispatched to you and/or services are provided to you and an e-mail confirmation is sent to you that the product has been dispatched to you and/or service is ready for use.(the "Dispatch of Product/ Use of Service Confirmation E-mail").
Your contract is with us (the Sellers) and you confirm that the product/s and/or services ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products and/or services ordered by you on the website.
Products and/or Services
- The Products and/or Services being offered to you on our website are as per the specifications and details provided on the website. Any marginal deviation in specifications of the Products and/or services shall not be considered as a defect. We shall not be liable to pay any penalty in case of any marginal deviation in the specifications of the Products and/or services.
- The Products and/or services shall dispatch to address that as specified by you. You shall have to bear all the necessary expenses, charges and applicable taxes as well as the risk in the Products and/or services towards the transportation of the same. We shall consider the Products and/or services to be delivered on handing over the Products and/services to any person on the address as specified by you. Incase we are unable to deliver the Products and/or services to the address as specified by you shall be charged for the delivery attempts done by us.
- At the time of delivery it shall be your responsibility to inspect the Products and/or servicessupplied to you incase of any defect it shall be your responsibility to immediately contact us on the contact information provided herein below. On receiving any such complaint from your end, it shall be at our discretion take necessary steps, being delivered to you and you shall abide by the same and further not challenge the same.
- You shall not hold us responsible / liable for any delay in delivery for reasons of force majeure including natural calamities, rain, flood, tempest, hail, Acts of God, fire, riots, acts of terrorism, political acts, any act beyond our control.
- "We shall require our representative/s to visit the premises for taking the measurements of the premises to prepare the floor plan. The purpose of visit of our representative is solely for taking the measurements of the premises to prepare the floor plan and for no other purpose (Purpose of Visit). As per the information provided by you and on your confirmation of date and time we shall have our representative/s to visit the premises. We shall provide you in advance with the name of our representative/s visiting your premises. During the visit of our representative/s in the premises we shall not be held liable for any act of the representative/s beyond the scope of Purpose of Visit. You herein confirm and agree that you shall not hold us liable and/or responsible in any way for any act of our representative/s that is beyond the scope of Purpose of Visit."
- Floor Plans
On you providing us with the relevant information and/or data as per the data requested on ourwebsite we shall prepare a Floor Plan for your personal use only. Floor Plan are solely subject to the information and/or data provided you and incase if you fail to provide any relevant information and /or provide wrong information we shall not be held responsible for the outcome of the Floor Plan. For the Floor Plan so prepared on the information and/or data provided by you we shall give an option of one modification to such Floor Plan. Once you have utilized the one modification being provided to you on the Floor Plan, thereafter any change and/or modification shall be charged andpayable separately.
Order once placed on our website for any Product and/or Services shall be accepted to be returned at our discretion and/or you shall not hold us liable for any damages, loss and/or charges once the product is delivered and/or service is utilized by you.
- Pricing and availability
We list availability information for products and/or services sold by us on the website, including on each product and/or services information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch of products and/or use of services are tentative estimates and are subject to availability. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products and/or services your order turn out to be unavailable and such order shall be considered rejected at that point and a fresh order will have to be placed by you.
All prices of the Products and the Services are inclusive of all taxes applicable from time to time and as mentioned on the website unless stated otherwise.You shall be responsible for payment of all fees/costs/charges/taxes associated with the purchase of products and/or services from us and you agree to bear any and all applicable taxes levied thereon and from time to time as per the applicable local laws.
- Health & Safety
By purchasing any product and/or use any of our services from our website, you acknowledge that you shall not hold us liable for any health and/or safety damage and/or loss being caused once the product is delivered and/or service being used as provided by us.
Use of our website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you shall purchase goods and/or use our services only with the involvement of a parent or guardian.
When you send e-mails to us, you are communicating with us electronically. You shall be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call and/or by posting notices on the website and/or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails and/or phone calls from us with respect to your order.
We shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill and/or wasted expenditure) and/or any other indirect and/or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods and/or use of services by us to you was formed.
- Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these terms andconditions at any time. You shall be subject to the policies and the terms and conditions in force at the time you order goods and/or use any of the services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these termsand conditions is deemed invalid, void, and/or for any reason unenforceable, that terms and conditionsshall be deemed severable and shall not affect the validity and enforceability of any remaining terms and condition.
- Events beyond our reasonable control
We shall not be held responsible for any delay and/or failure to comply with our obligations under these terms and conditions if the delay and/or failure arises from any cause which is beyond our reasonable control.
- Not responsible for any third party contacts
For your convenience we have provided certain additional contacts of third party dealers, contractors, manufacturers of several products and services, the same are provided to you free of cost, you shall use their products and/or services at your personal choice. We shall not be held responsible for any act of commission and/or omission by any of such Third Party Contacts. Any transaction between you and such Third Party Contacts shall be independent and we shall not be a party to any such understanding between you and such Third Party Contacts.
- Payment Terms
While availing any of the payment method/s available on our website, we will not be responsible or assume any liability, whatsoever in respect of any loss and/or damage arising directly and/or indirectly to you due to:
- Lack of authorization for any transaction/s, and/or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", and/or
- Any payment issues arising out of the transaction, and/or
- Decline of transaction for any other reason/s and/or
- Connectivity issues being faced while loading the pages and/or
- Any other reason that may be beyond our control.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of Products and/or Services are as per principal to principal obligations between yourself and ourselves/third party contacts as the case may be and payment facility is merely used by you and ourselves to facilitate the completion of the Transaction between you and ourselves and no payment to the third party contacts have to be made using our payment facility. Incase any payment to third party contacts is made using our payment facility the same shall be made at your sole risk and we shall not be held liable for any such payments being made on behalf of third party contacts.
- You have specifically authorized usand/or our service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery/Service being provided to you in respect of transactions through Payment Facility.
- You understand, accept and agree that the payment facility provided by us/ service providers is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery/service being provided, collection and remittance facility for the Transactions carried out on our website using the existing authorized banking infrastructure and the payment gateway networks as provided on our website through ourselves/our service providers.
- Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with us to purchase a product and /or services being provided on our website using the Payment Facility provided by the Payment Gateway Provider, and you shall pay the Transaction Price through Your Issuing Bank to us using Payment Facility provided by the Payment Gateway Provider.
- You, as a Buyer, may agree with us through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction shall be at our discretion and you shall be intimated about the same to you and you shall abide by the same.
- You, as a Buyer, shall electronically notify Payment Facility using the appropriate features, within a period of 03 (three) days on a request being made by us as provided in the terms and conditions of PayUhttp://www.payumoney.com/termsandconditions.html. Non notification by You of Delivery or non Delivery within the time period specified in the herein and the terms and conditions as provided on http://www.payumoney.com/termsandconditions.html it shall be construed as a deemed Delivery in respect of that Transaction.
- You, as a Buyer, can request us to refund a Transaction Price in case you do not receive the Delivery within the time period agreed in the Transaction. It is herein repeated and reiterated that any refund shall be made at our discretion and you herein agree to have no objection to the same. In case you do not request us for a refund at our contact details within 15 working days from the date when the product was to be delivered to you and/or service was to be provided to you as the case may be, this would make your refund ineligible at its own and you shall not raise claim over the same.
- Refund shall be subject to our sole discretion. Incase of any refund that we intend to forward to you the same shall be made through Payment facility using NEFT / RTGS / Via Payment Gateway Service Provider/ any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.Refund shall be conditional and shall be with recourse available to us in case of any misuse by you. Any Refund incase approved by us shall be made after deducting expenses/losses/charges/taxes/duties borne by us and the same shall vary from transaction to transaction at our discretion.
- We reserve the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements you and/or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- We may do such checks as it deems fit before approving the receipt from your end for commitment to pay (for Cash On Delivery/Service being provided transactions) Transaction Price by you for security or other reasons at the discretion for ourselves. As a result of such check if we are not satisfied with your creditability or genuineness of the Transaction / Transaction Price, we will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
- You acknowledge that we shall not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
- Compliance with Laws:
You agree to comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to you respectively for using Payment Facility and our services and products as the case may be.
- Buyer's arrangement with Issuing Bank:
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway service provider or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between you and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
- Further on all payments being made on our website you agree to the terms and conditions of the payment gateway service provider (i.ehttps://www.payumomney.com/termsandconditions.html).
- You shall at your sole risk and responsibility choose the use of the payment mode for procuring/availing the Products and/or Services from our website.
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach any of these terms and conditions.
- Intellectual Property Rights
All the Intellectual Property Rights of the said Products and/or services shall vest with us and no Intellectual Property Rights are deemed to be sold and/or transferred to you. You agree and confirm not to claim any right, any claim on the intellectual property rights of the products and/or services being provided to you on our website.Further you shall be held liable for any damage and/or loss caused to us due to your acts of commission and/or omission.
You shall indemnify, defend, and hold us harmless, us and our Affiliates (and our respective employees, directors, partners, agents, and representatives) from and against any and all claims, costs, actions, suits, or demands and any related losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, (b) your use of our website (c) any transaction submitted by you through our website, and/or (d) any act of yours.
- Governing Law and Jurisdiction
These terms and conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.Any dispute arising between you and ourselves the same shall be referred for arbitration at the sole discretion of ourselves in accordance with the provisions of the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by ourselves. The arbitration shall be conducted in the English language and at Mumbai. In case if you decide to go-in for any arbitration or legal dispute against us, the entire charges incurred by us for contesting the legal dispute shall be borne by you.
- Contact Information
Registered Address: 305, Mehta Bhavan, Near Hinduja College, CharniRoard (E), Mumbai, Maharashtra, India, Pin Code – 400004.