By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean TCH THE CUSHION HOUSE PRIVATE LIMITED and its affiliates.
These terms and conditions of use shall govern your use of the site www.thecushionhouse.in, and all other URLs forming part thereof (hereinafter referred to as “the Sites”). The Site is owned and managed by TCH The Cushion House Private Limited, a company incorporated in India (hereinafter referred to as “us or we” in the first person and “The Cushion House” wherever the context requires). These terms and conditions of use form the entirety of any expressed or implied contract that may or may be deemed to exist between us and you, the users of the Site. These terms and conditions are applicable to all products sold on www.thecushionhouse.in.
The information, software, products, and services included in or available through the sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Cushion House and/or its respective suppliers may make improvements and/or changes in the sites at any time. Advice received via the sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
The Cushion House and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the sites for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. The Cushion House and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
a) www.thecushionhouse.in website (“Website”) is an Internet based content and e-commerce portal owned and operated by TCH The Cushion House Private Limited, a company incorporated under the laws of India. b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.thecushionhouse.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
1. Products made available for sale on the Website may not always be in the physical possession of The Cushion House and may be physically located anywhere in the world.
2. All products made available for sale on the Website will be sold at the price listed and no discounts will be granted to the Buyer (unless as per the Discounts and Promotions offered by us).
3. The price of a product, as listed on the site, includes applicable duties and taxes as per Indian law. However, packaging, shipping and handling is not included in this price, and will be charged as applicable and would depend on the physical location of the product as well as the shipping address provided by the Buyer.
4. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of any Product.
5. The Buyer agrees that the Buyer is liable for any additional duties and taxes that might be applicable on the purchase as per clause above and such charges shall be payable in addition to the price of the Product.
6. All invoices will be raised by The Cushion House based on the registration information provided by the Buyer at the time of finalizing a purchase.
7. The Cushion House shall reserve the right to cancel any order placed on the website www.thecushionhouse.in , at any time prior to the delivery of the Product, without assigning any reason whatsoever.
8. The Cushion House shall assume no responsibility for any errors or omissions that may occur in the description, pricing or other content related to a product.
9. All foreign currency exchange rates for purchase are taken at prevailing exchange rates. The prices for every individual product have been ’rounded off’ for ease of reference and do not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price.
10. The Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to The Cushion House immediately. The Cushion House is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or canceled where The Cushion House forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of The Cushion House.
11. The buyer shall agree to abide by all provisions prescribed in these terms and conditions. In particular, the buyer will warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
INTERPRETATION OF NUMBERS AND GENDERS
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
USER WARRANTY AND REPRESENTATION
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by www.thecushionhouse.in or The Cushion House.
EXACTNESS NOT GUARANTEED
All the products are handcrafted and the product shipped to you may have a small variation. We will not be able to guarantee exactness of the product with respect to the representation on the website via images/videos.
www.thecushionhouse.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final customized Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your custom product order such as the merchandise brand, size, color, print process used, print size, print color etc., may be required due to limitations caused by available product, available production materials, production equipment capabilities, as well as limitations caused by the quality or type of your submitted product.
LINKS TO THIRD PARTY SITES
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of www.thecushionhouse.in or the Website, and www.thecushionhouse.in 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. www.thecushionhouse.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. www.thecushionhouse.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.thecushionhouse.in of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you warrant to The Cushion House that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
PRODUCT FEATURES AND WASH CARE
All of www.thecushionhouse.in’s products are handcrafted using the finest natural fibers. The subtle variations in color, texture and finish are intrinsic to hand made products. Our products involve crafts-based traditions of hand spinning, dying, weaving, wood block printing and embroidery. We use both vegetable dyes and commercial dyes with the goal of minimizing our impact on the environment while striving for the best color properties. An irregular weave or print is not a defect – handloom by definition means uncertainty when it comes to uniformity.
Colors: The colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We promise to do our best to display as accurately as possible the colors of the products shown on this Website. Reds and blues tend to run. Please always wash like colours together and dry inside out in the shade. Silk products must only be dry cleaned.
MATERIALS POSTED ON THE SITES OR PROVIDED TO NIRVANA CRAFTHOUSE
TERMINATION / ACCESS RESTRICTION
1. www.thecushionhouse.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
4. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination of the transaction by either party whatsoever.
LEGAL AND GENERAL TERMS
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Indore. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Cushion House as a result of this agreement or use of the Sites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Cushion House with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Cushion House with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Sites (including the digital content like photographs) are the intellectual property of The Cushion House and/or its suppliers. All trademarks, names, brand names, etc. used on the Sites are either trademarks or registered trademarks of The Cushion House or its associated companies. Any rights not expressly granted herein are reserved.
You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Site. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes for the purchases made by you.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. www.thecushionhouse.in does not review the contents in any way before they appear on the Website. www.thecushionhouse.in does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected]