WEST ELM Terms and Conditions
Welcome to West Elm India!
The terms and conditions as set out herein (“Terms”) constitute an agreement between Reliance Brands Limited, having a registered office at 5th Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Maharashtra, Mumbai 400002, India (“Reliance”, “we”, “us” or “our”), which manages and operates the West Elm India Platform (defined below) and a natural or legal person who accesses and/or uses West Elm India Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the West Elm India Platform (“Service(s)”), as updated from time to time.
By using the West Elm India Platform, you expressly agree to be bound by the Agreement (defined below). If you do not agree with any of the Terms, please do not use the West Elm India Platform. If you have any questions about the terms, please contact at [email protected] Please note that your access to the Services, other platforms or utilisation of Products (defined below), offers or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the West Elm India Platform, transaction or dealings thereon and access to the Services.
For the purposes of these Terms: (a) “West Elm India Platform” means the www.westelm.in, which include its corresponding mobile application/website as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ /websites as provided by us; (b) “Products” shall mean Furniture, bedding, bath, pillow, décor, kitchen, dining, lighting, rugs, art and mirror and other products offered for sale to you on the West Elm India Platform; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the West Elm India Platform and for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF WEST ELM INDIA PLATFORM
1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5 We authorise you to view and access the West Elm India Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with return and refund policy, therefore, grant you a limited, revocable permission to access and use the Services.
1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the West Elm India Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the West Elm India Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. LOGIN TO YOUR ACCOUNT
2.1 In order to purchase Products on the West Elm India Platform and/or avail the Services, you will have to register on the West Elm India Platform. Registration is a one-time process based on successful mobile OTP (One Time Password) verification and you will be eligible to further access and avail the Services only after filling in the necessary forms and details as may be required by us at the time of your registration. For placing an order, you should login to your account by completing the successful mobile OTP verification.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the West Elm India Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
3. COMMUNICATION AND UNSUBSCRIPTION
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
4. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of this West Elm India Platform is correct at the time of inclusion on the West Elm India Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
4.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the West Elm India Platform shall constitute an invitation to invest in us or any affiliates. Any use of the West Elm India Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to the West Elm India Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
4.3 As means to assist the users in identifying the Products of their choice, we provide visual representations on the West Elm India Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
4.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
4.5 We do not covenant or provide any representations and warranties:
4.5.1 in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on West Elm India Platform;
4.5.2 that the Services will be made available at all times; and
4.5.3 that the operation of West Elm India Platform, including the functions contained in any content, information and materials on West Elm India Platform or any third-party sites or services linked to West Elm India Platform will be uninterrupted, or that the defects will be rectified, or that West Elm India Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
4.6 THIS WEST ELM INDIA PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE WEST ELM INDIA PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.7 Disclaimer -To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the West Elm India Platform.
5. AVAILIBILITY AND ACCESIBILITY OF WEST ELM INDIA PLATFORM
5.2 We have several websites offering Products, Services, content and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
5.3 Information that we publish on the world wide web may contain references or cross references to our Products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country. Consult our local business contact for information regarding the Products, programs and Services that may be available to you.
5.4 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the West Elm India Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the West Elm India Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
5.5 You agree that though the access and registration on the West Elm India Platform is free of cost, we reserve the right to introduce or modify any fee or payment and promotions policy to include a fee on access and browsing of the West Elm India Platform, or for use of any new service introduced by us without serving prior notice to you.
6. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
6.1 In your use of West Elm India Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of West Elm India Platform or access any other third-party website linked to the West Elm India Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
7. COPYRIGHTS IN RELIANCE CONTENT
7.1 The West Elm India Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Reliance Content”). All copyright and other intellectual property rights in the Reliance Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Reliance Content as part of West Elm India We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the West Elm India Platform are either owned by or licensed to us.
7.2 You may use and display the Reliance Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us when you register on the West Elm India Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our return and refund policy and for using and printing copies of the information on the West Elm India Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
7.3 You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Reliance Content contained in the West Elm India Platform. These restrictions apply in relation to all or part of the Reliance Content available on the West Elm India Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the West Elm India Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from West Elm India Platform; or (e) link any other material to the West Elm India Platform, without our express written consent.
7.5 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at [email protected] and let us know of your concerns.
All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
9. LICENSE AND USE OF YOUR CONTENT
9.1 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the West Elm India Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the West Elm India Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
9.2 You agree that we do not routinely monitor your postings on West Elm India Platform but reserve the right to do so. However, if we become aware of inappropriate use of the West Elm India Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
9.3 Submissions and unauthorised use of any materials contained on the West Elm India Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the West Elm India Platform or the use of the West Elm India Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
10. USER WARRANTIES AND RESTRICTIONS
10.1 You represent and warrant that: (a) your use of West Elm India Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us by you in connection with West Elm India Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
10.3 You will not do any of the following:
10.3.1 Delete or modify any content on West Elm India Platform, such as any information regarding the Services, their performance, sales or pricing;
10.3.2 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search West Elm India Platform;
10.3.3 Make false or malicious statements against the Services, West Elm India Platform or us;
10.3.4 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage West Elm India Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of West Elm India Platform and/or the Services;
10.3.5 Introduce any trojans, viruses, any other malicious software, any bots or scrape West Elm India Platform for any information;
10.3.6 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
10.3.7 Hack into or introduce malicious software of any kind onto West Elm India Platform;
10.3.8 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
10.3.9 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
10.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through West Elm India Platform, any information that:
10.4.1 belongs to another person and to which you do not have any right;
10.4.2 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
10.4.3 harms minors in any way;
10.4.4 infringes any patent, trademark, copyright or other proprietary rights;
10.4.5 violates any law for the time being in force;
10.4.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
10.4.7 impersonates or defames another person; or
10.4.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
12. APPLICABLE LAW AND JURISDICTION:
13. GRIEVANCE OFFICER:
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:
Name: Mr. Ariff Bham
Designation: Grievance Officer
Email Address: [email protected]
14. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
19. NODAL OFFICER
Name: Mr. Puneet Behal
Designation: Nodal Officer
Email Address: [email protected]
PART B – TERMS AND CONDITIONS OF SALE ON WEST ELM INDIA PLATFORM
The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the West Elm India Platform. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.
These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. OUR CONTRACT OF SALE
1.1. Listing and display of a Product by us on West Elm India Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on West Elm India Platform by you is your offer to buy the Product(s) from us.
1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or mobile confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.5. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the West Elm India Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
1.7. All orders placed on West Elm India Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
1.8. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.
2. RETURN AND REFUND
Please review the returns and refund policy of West Elm India Platform, which applies to Products sold by us.
3. PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of West Elm India Platform. Beyond what we say on that webpage or otherwise on West Elm India Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile number if any Products you order turn out to be unavailable or out of stock.
4. PRODUCT PRICING
4.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes. .
4.2. Products in your shopping cart of West Elm India Platform will reflect the most recent price as displayed on the Product’s information webpage on West Elm India Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use West Elm India Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on West Elm India Platform only with the involvement of a parent or guardian.
8. LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale 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 conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
13.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.