Terms of Use - Cityfurnish.com


https://www.cityfurnish.com is owned by Magneto Home Private Limited (''Company''), a company duly registered and incorporated under the Companies Act, 1956, whose address is at B 29, D.N.Ka Hatha, Paota, Jodhpur, Rajasthan, India. We maintain this website as a service to our customers. By using our website, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following Terms of Use carefully. If you do not agree to these terms, you should not use the website or review information or subscribe to the furniture, soft furnishings and home décor (“Transaction”) from this website.

 

GENERAL

You agree to the terms and conditions outlined in this Terms of Use (“Terms of Use”) with respect to http://Cityfurnish.com("Cityfurnish"/"Website"). These Terms of Use constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website. This Terms of Use may be amended from time to time by us without specific notice to you. The latest Terms of Use will be posted on the Website, and you should review this Terms of Use prior to using the Website at each instance.

Your use of the Website and services are governed by the following Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with the Company and these terms and conditions including the policies constitute your binding obligations, with the Company.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a subscriber on the Website by providing information on the Website using the computer systems. There is no registration process and Cityfurnish allows the User to surf the Website or subscribe without registering on the Website. The term "We", "Us", "Our" shall mean the Company.

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

The terms of Use stated herein shall only govern the Website and the mobile application of Cityfurnish shall be governed by a separate Terms of Use.

 

TRANSACTION/SERVICES

Through this Website, any User can subscribe to a pre-defined solutions package consisting of home furniture, home décor offered in various range (“Experience”) by submitting the Subscription Programme Document and by signing a Subscription Form in the format provided by the Company for a chosen Experience by consenting to pay a monthly Subscription fee. The Company may send a reminder to the User for the payment of monthly subscription fee before the expiry of 5th day of every month. The terms and conditions of the subscription are enumerated in a separate Subscription Agreement which needs to be individually executed by each Subscriber/customer. The Transaction herein shall not be considered as sale and for all purposes, the products/Experience offered/provided herein under the Subscription Programme Document shall remain as the property of the Company.

 

LEGAL NOTICE

All textual, graphical and other content appearing on this Website, unless otherwise noted, are the property of the Company.

Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

You may view, copy, print and use content contained on this Website solely for your own personal use and provided that: (1) the content available from this Website is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Website is modified in any way; (3) no graphics available from this Website are used, copied or distributed separate from accompanying text; (4) no content available from this Website may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon Company, its products, its employees or its management. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Company or any third party, except as expressly provided herein.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website. Trademarks mentioned in the Website are either trademarks or registered trademarks of the Company.

 

USE OF WEBSITE

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Cityfurnish, Magneto Home, Cityfurnish.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Cityfurnish or otherwise tarnish or dilute any Cityfurnish's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company.

 

DISCLAIMER AND LIMITS

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by the Company on this Website, but the Company is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website. Information and related materials are subject to change without notice. THE INFORMATION FROM OR THROUGH THE WEBSITE IS PROVIDED ''AS IS,'' ''AS AVAILABLE,'' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS OF USE.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY PRODUCTS, SERVICES OR INFORMATION.

We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your information in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at www.Cityfurnish.com/privacy-policy. If you object to your information being transferred or used in this way please do not use Website.

Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Company.

 

PRODUCT DESCRIPTION

We do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Cityfurnish does not make any representation or warranty as to specifics of the images displayed on the Website and the images have no bearing on the quality of the products displayed. The Users shall take no inference based on the pictures of the products offered. The price indications on the Website may vary due to some technical issue, typographical error or difference in product information and the Company shall not be responsible for the changed prices during the transaction. The terms and conditions of delivery, payment, etc. shall be governed by the Subscription Agreement signed by the User/subscriber and a copy of which would be made available at request.

Should any user of this Website send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of this Website, such information shall be deemed to be non-confidential, and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques We reserve the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

 

PAYMENTS

You represent and warrant that if you are subscribing to the Experiences from us that

any credit, debit, net banking, cheque or any other mode of transfer information you supply is true and complete

charges incurred by you will be honored by your credit card/debit card/banking company, and

you will pay the charges incurred by you at the posted prices, including any applicable taxes.

While availing the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to Lack of authorization for any transaction/s, or Exceeding the preset limit mutually agreed by You and between "Bank/s", or Any payment issues arising out of the transaction, or Decline of transaction for any other reasons.

All payments made against the products/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Subscriber and the Company and payment facility is merely used to facilitate the completion of the Transaction. Use of the payment facility shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or warranty services or fraud as regards the products and /or services listed on the Website.

Access to this Website is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Website constitutes consent to such monitoring. This Website may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Company cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

 

PAYMENT AND REFUND POLICY

 

Payment policy

One month’s advance is taken for booking subscription. The amount is refundable if the customer cancels the order 2 days prior to delivery.

If the customer has paid deposit and has accepted furniture delivery, the deposit is non –refundable if the furniture is returned in less than 3 months.

Billing cycle starts at the beginning of each month. In case rental subscriptions begin during any other part of the month, pro rata rent for that period would be charged, post which rentals would be calculated from the first of the next month.

This amount is payable after complete delivery and installation.

Rentals must be paid within the first 5 days of the month. Delayed payment of monthly rentals beyond due date shall attract a penal interest of 1.5% per month from the date of default till the time the monthly rentals is paid.

Non-payment of monthly rentals for consecutive two months could result in termination of subscription and removal of the furniture

The Company will levy a charge of Rs. 500/- for ECS/Standing Instructions dishonour.

By Signing the NACH mandate form the customer,

Declares that the particulars provided in this mandate are correct and complete and hereby agrees to participate in the NACH/ECS/Direct Debit/Standing Instructions (SI) and make payments through the NACH platform according to the terms and conditions thereof.

Agrees and acknowledges that Magneto Home Private Limited will not be held responsible for any delay and/or failure in debiting customer’s bank account for reasons not attributable to the negligence and/or misconduct on the part of Magneto Home.

Agrees to abide by the terms and conditions that may be intimated by Magneto Home Private Limited /Bank with respect to the NACH/ECS/Direct Debit/SI from time to time.

Agrees to register for ECS / NACH (Debit Clearing) / Direct Debit / SI facility and that the payment towards rental dues to Magneto Home Private Limited shall be made from bank account in the mandate form

Authorizes the representatives of Magneto Home Private Limited, agents of Magneto Home Private Limited carrying this mandate form to get it verified and executed.

Authorizes the Bank to debit the Customer’s bank account for any charges towards mandate verification, registration, transactions, returns, etc, as applicable for my/our participation in NACH/ECS/Direct Debit/SI.

Customers are required to ensure adequate funds in their bank account on the date of Auto Debit transaction

Magneto Home Private Limited will endeavour to debit the investor bank account on the first day of the month, however if there is any delay all such transactions are debited subsequently

Magneto Home Private Limited or its authorized banker or agent will initiate the Auto Debit form registrations/ debit transactions

Magneto Home Private Limited / Sponsor Bank / NPCI are not liable for the bank charges, if any debited from investor’s bank account by the destination bank, on account of payment through NACH

Customers are requested to hand over a cancelled cheque for the account to which the auto debit is being set up to the delivery personnel from Magneto Home Private Limited

All rights and remedies as applicable in case of dishonor of a cheque, are available to Magneto Home Private Limited against dishonour of electronic funds transfer instructions / NACH auto debit mandates under insufficiency of funds as are available under Section 138 of the Negotiable Instruments Act, 1881

 

DAMAGES

The Customer agrees to pay for any damage to, loss of, or any theft (disappearance) of items, regardless of cause or fault.  Item damaged beyond repair will be paid for at its Market Price.

  • The representative shall check all items of Furniture in order to ascertain any damage to items. 

Damage shall be defined as follows:

  • Minor scratches (below 4mm in width and depth and 4 cm in length) on wooden furniture will be ignored as they are considered ‘normal wear and tear’
  • Minor Chips and breakages in timber (below 9mm in width 2mm in depth and 3 cm in length) will be ignored, those above the said dimensions will be charged for.
  • Any damage which is a result of raw material or manufacturing defects will not be chargeable to the Customer.
  • Any damage that results in the product being unusable will result in the value of the product being charged to the Customer.
  • Tear in upholstery will result in charge towards replacement of upholstery. Opening up a stitched joint will not be chargeable.
  • Stains on upholstery which are not removable via dry cleaning will result in a charge for upholstery replacement.
  • The extent of damage would be ascertained by comparing against the quality control document signed by the Lessee and photographs taken on delivery.
  • Any variation showing damages, if ascertained as not caused by normal wear and tear, would be charged and would have to be borne by the Customer.
  • A damage report (QC report) will be created on the spot and a copy will be handed over to the client.

At the time of pick-up, a damage report will be generated as per damage policy. A clean chit or list of damages will be handed over to customer by representative of CITYFURNISH.

  • Once the items are at premises of CITYFURNISH, they will undergo quality checks to determine the repair cost. Repair cost shall be adjusted and the balance amount from refundable deposit will be deposited to lessee’s account. This might take 7-10 working days.

 

Cancellation of Subscription can be done under the following circumstances:

During Initial Subscription Period - The Initial Subscription period is 3 months. Customer can avail of all subscription benefits during this period. The Customer can also terminate his subscription during this period. In such an event, Cityfurnish would retain the initial deposit. Pro-rata rent for the month and any other charges as applicable would be charged.

After Initial Subscription Period - Post the Initial Subscription period, customer can terminate subscription with a month’s notice. In case, a month’s notice is not given, Cityfurnish would deduct pro rata rent of the period in which notice was given and refund the remaining amount.

During pause - A similar procedure would be followed in case of termination of subscription during the Pause period

 

Refund Policies

Refund requests must include the name of the subscriber.

Refunds will be credited back to the original card (credit or debit) used for payment.

Refunds are issued under the following circumstances:

Customer or Cityfurnish terminating subscription after initial subscription period

Customer or Cityfurnish terminating subscription during initial subscription period

Customer returning part of the package

Customer swapping part or whole of package of range for a lower rental range

Within 7-10 working days from the date of Pick Up, the Company shall process for refund of Security Deposit, subject to deduction of damages, unpaid monthly rentals and any other deductions as applicable. Refund would be done through a NEFT transfer. Refunds would be tracked by Cityfurnish’s in-house Customer Care and updates shared accordingly with customer.

In case of partial return of package, pro rata rent for the items retained is charged.

 

Delivery Policy

Currently we deliver free of charge to any point within Bangalore

Delivery of products would be done in 7 days

Customer would be intimated of delivery status and timings a day in advance by the Customer Experience team

Furniture is delivered and set up by our in-house Cityfurnish team led by the Cityfurnish Customer Relationship Manager. The entire furniture for 3 rooms is set up within 2 hours. There are no delivery charges and set up costs. No hidden charges for you to worry about

In case of partial, damaged or incorrect delivery, the replacement is done in 48 hours

We adhere strictly to our delivery time lines confirmed earlier by our in-house Customer Care team. In rare instances when delivery is delayed, we inform our customers two hours in advance for any delay.

There are no maximum number of delivery attempts. Customer is contacted repeatedly and attempts are made till delivery is completed. It is in the best interests of the customer to avail of delivery in the first two attempts, as delivery to other customers would have to take precedence if the first two delivery attempts are missed by the customer

A ticket number is allocated to the customer to enable tracking of order. This ticket is resolved only after the delivery is completed and customer confirms of the same.

Our CRM remains in contact with customers during the delivery day. In case, the customer is absent during delivery hours, update of the next attempt at delivery is shared on the same day itself. We attempt to complete delivery in 24 hours.

During delivery, the customer or his/her spouse/ parents or any relations can accept delivery after checking quality of furniture.

The receiver of furniture would have to sign off the Agreement Document (detailing the subscription Terms and Conditions, benefits of subscription and other relevant information) and the Check List of items received.

Quality Checks during Delivery

During time of delivery, the customer is requested to check and verify the quality and details of each piece of furniture being set up. This is to ensure that the customer receives exactly what has been ordered to his satisfaction.

There is a quality checklist that customer can go through and sign off conveying that he/she is happy with the product quality.

Post Delivery

During setup or post-delivery, if the customer, for any reasons, is not completely satisfied with the product, the particular piece can be returned and replacement done free of charge.

However, we urge the customer to share such feedback within 7 days so that a delivery slot can be booked immediately. Otherwise, delivery to other customers would be given precedence. If feedback is given later than seven days, pro-rata rent would be charged.

 

Pick-up Policy

Pick up of furniture from customer's house is done within 24- 72 hours. Customer is updated by mail 24 hours prior of pick up time. The correspondence would also include balance payment and refund details.

The pickup is done free of charges from the point of original invoice address.

 

Others

The Company can terminate the Subscription after giving a 10 days written notice/email to the Subscriber upon the Subscriber

Defaulting on the payment of Monthly rentals for two (2) consecutive months and has not paid till the expiry of the 10 days’ notice period.

Cityfurnish Furniture is used for commercial purposes.

 

SECURITIES LAWS

This Website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Website, words like ''anticipates,'' ''expects,'' ''believes,'' ''estimates,'' ''seeks,'' ''plans,'' ''intends'' and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Website and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

 

LINKS TO OTHER WEBSITES

The Website may contain links to other websites. We are not responsible for any content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.

This Website may be accessed by users internationally and may contain references or cross references to Company products, programs and services that are not available or are prohibited in your country. Such references do not imply that Company intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. Company reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations.

 

COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Website;

Your address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Website is Ajith Karimpana who can be reached as follows:

By mail: Ajith Karimpana 32, Technopark, AVS Compound, 80 ft road, 4th block, Koramangala, Bangalore
By phone: 080-880-11-888
By e-mail: hello@Cityfurnish.com

 

INFORMATION AND PRESS RELEASES

The Website contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

MISCELLANEOUS

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore. Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Terms of Use, this Terms of Use shall take precedence. Our failure to enforce any provision shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

CONTACT US

Please contact us at hello@Cityfurnish.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

 

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Vikas Singh
B 29, D.N.Ka Hatha,Paota, Jodhpur,Rajasthan,342001
By phone: 083-870-15-400
By e-mail: hello@Cityfurnish.com