Terms of service
Terms and Conditions
-
TERMS OF SERVICE AND USE :
All products and/or services offered to You (hereinafter referred to as “You”, “Your”, or “User”) by Ziba Homes and/or its affiliates, subsidiaries, associates and partners (hereinafter referred to as “We” or “Us” or “Our” or “Company”) through its web-portal, www.zibahomes.in,www.zibahomes.co and any other platform (including any mobile application) and including products and/or services offered through any offline mechanism, as offered and sold by the Company (hereinafter collectively referred to as the “Platform”) are subject to the terms of use and service (hereinafter referred to as “Terms”) as specified herein. In these Terms, any reference to any subject matter on or through the Platform shall include reference to such subject matter in any offline manner by the Company.
These Terms, as updated or modified from time to time, constitute an agreement between You and the Company and shall govern the relationship between You and Company with respect to Platform and Products (as defined hereinafter). You must read, understand and agree to, and be bound by, the Terms for purchasing the Products. You must not access the Platform and/or purchase the Products (including through any offline mechanism), in any manner, in case You do not expressly accept these Terms in their entirety. Your access to the Platform and/ or purchasing the Products shall be rendered as You have expressly agreed to these Terms.
1.AGREEMENT
These Terms along with privacy policy (hereinafter “Privacy Policy”) and other terms and conditions, guidelines, and notes specified in the Platform (collectively the “Other Terms”) and as may be notified and updated from time to time by the Company, constitutes a binding agreement between You and the Company. You must read, understand and accept all the provisions envisaged under these Terms, Privacy Policy and Other Terms before accessing the Platform and/or purchasing the Products. You understand and agree that the Company reserves the right to modify or update these Terms, Privacy Policy and Other Terms at any time without needing to serve a prior notice upon You. Any such modification or update shall be incorporated and be available as the revised Terms, Privacy Policy and Other Terms on the Platform. You must accept the Terms, Privacy Policy and Other Terms so modified or updated to continue accessing the Platform and/or purchasing the Products. It shall be Your obligation to take note of any notification or update to the Terms, Privacy Policy and/or Other Terms before using the Platform and/or before purchasing the Products. In case You do not accept the Terms, Privacy Policy and Other Terms so modified or updated, You must cease to access the Platform forthwith, and shall terminate Your Registration (as referred to hereinafter) and inform the Company immediately. In case You continue to access Platform after any such modification or update to these Terms, Privacy Policy and/or Other Terms, it shall be deemed acceptance of You and that You have agreed to such modification or update, and You shall be bound by the same.
2. PRODUCT
2.1.The Company may update the list of Products available on the Platform from time to time without any prior communication. Resultingly, some existing Products may be discontinued and be not available for purchase, and some new Products may be added for purchase at the Platform.
2.2.You agree that though the Company strives to ensure that the Products supplied to you are of the same specifications and features as the Product shown on the Platform, however, there might be certain changes owing to the characteristic variations of the materials used. You hereby agree that You shall purchase the Products solely based on Your discretion and preference and not on the basis of any representation made by the Company.
2.3.You agree that the colour of the Products and their texture may vary based on the specifications of the gadget or screen that You are using to view the said Products and that the Company does not guarantee that the You will get the Product with the preciseness same colour and texture as displayed on your monitor/screen. Therefore, it is recommended that You read all the description and specification details of the concerned Product to make sure that the Product matches your expectation before placing any order on the Platform.
2.4.Subject to terms specified on the Platform, if any, You agree that all orders on the Platform shall be prepaid orders, and You shall be obligated to make a complete payment towards the price of the Products and the applicable taxes, at the time of placing an order on the Platform.
2.5.You agree that the Company may cancel any Products, for any reason whatsoever, and may not deliver the Products after it has been ordered on the Platform. The Company shall not be responsible to You in the event the Company initiates such cancellation. However, the Company shall make repayment of the amounts transferred by You towards such cancelled Products.
2.6.Product Warranty. Certain Products offered by the Company may have a warranty against any manufacturing defects, such warranty and the terms thereof shall be as may be specified by the Company on the Platform or in any manner otherwise. You agree that the warranty and the terms thereof may vary from Product to Product and may vary from time to time.
PRODUCT LIABILITY DISCLAIMER
Company offers its products with the terms, conditions and notices as follows:
- Terms of Use
- This product is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices obtained.
- Exclusive Obligation
- This product may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use.
- Use Limitation
- You may not modify, copy or reproduce this product. All company products are limited for its intended use and not covers any liability of damage or loss to product or users. It also does not cover or disclaim any damage to any other asset where it is used.
- Limitation of Liability
- In no event shall the company be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever arising out of or connected with the use or misuse of its products.
- Other Statements
- Company employees or representatives, ORAL OR OTHER WRITTEN STATEMENTS, DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by the buyer, and is not part of the contract for sale or this limited warranty.
- Entire Obligation
- The TERM OF USE & DISCLAIMER states the entire obligation of the company with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability 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 remain in full force and effect.
- General
- This disclaimer statement is governed by the laws of India only. You hereby consent to the exclusive jurisdiction and venue of the courts of competent jurisdiction, India, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
- Modification of Terms and Conditions
- Company reserves the right to change the terms, conditions and notices under which their products are offered.
3. PACKAGING, SHIPPING AND DELIVERY
3.1.The Company may facilitate the delivery of the Products at the delivery address provided by you at the time of ordering Products on the Platform. The delivery address cannot be changed once the Products ordered are confirmed on the Platform. However, the delivery address may be allowed to be changed, at the sole discretion of the Company, before the Products are shipped upon a written request made on this behalf, or in the manner as may be prescribed on the Platform, if any.
3.2.You acknowledge and agree that the final Price of the Products shall be exclusive of shipping costs and any special custom packaging and assembly. The Company shall not be obligated to dispatch and deliver the Products unless such packaging and shipping costs are duly paid.
3.3.For all deliveries, our liability extends only to kerbside delivery. Any handling or transportation of products beyond the kerbside is the sole responsibility of the buyer.
3.4.The unloading of items and any necessary labour required for the delivery is not handled by the company.
3.5.Ziba Homes collaborates with third-party companies for delivery services. You acknowledge that the provided delivery time is an estimate, and the actual delivery time may differ. Any delays caused by these delivery companies are not the liability of Ziba Homes.
4.EXCHANGE AND RETURN
4.1.The Company may, at its sole discretion, allow limited exchange or return of the Products that are delivered as defective or damaged. You understand and agree that, not withstanding anything contained in these Terms, return and exchange may not be available for certain categories of Products for any reason whatsoever.
4.2.You are advised to open the delivery packaging and inspect the Products and make a video and take photographs while You unbox and inspect the Products. In the event where the Products are defective or damaged, You are allowed to communicate such defect and damage to the Company within 3 (three) days from the delivery of Products, and in the manner as may be specified on the Platform (if any), while also sharing the aforementioned video and photographs with the Company.
4.3.Upon receipt of communication with respect to damaged or defective Products, the Company will conduct appropriate inquiry and may require you to share additional information with respect to the Products ordered, and the defects/damage thereto, which You shall provide within the time prescribed by the Company.
4.4.Based on the information received from You, the Company may, at its sole discretion, allow the exchange of the Product, and in the event, such Product could not be exchanged by the Company, the Company may allow the return of the Products.
4.5.You agree that it shall be the sole discretion of the Company with respect to allowing any return or exchange of damaged/defective Products, and the Company shall not be responsible in any manner to You in the event such a request is denied.
4.6.You agree that no return or exchange may be allowed by the Company for reasons other than any damage or defect.
4.7.In the event that an exchange or return is permitted, customers are responsible for repacking the material in its original packaging for the purpose of pickup or return by the company.
5. CANCELLATION
5.1.Subject to any terms specified on the Platform, the Company will not accept any cancellations after a Product has been ordered on the Platform.
5.2.You agree that in the event where You refuse to accept the delivery of the Products ordered by You, the Company shall be entitled to forfeit any advance amounts paid by You towards the said Products. The Company shall not be responsible, in any manner, for any loss or damage (whether direct or indirect) that may occur to You or any of Your affiliated as a result of the said forfeiture.
6.PAYMENTS
6.1.To initiate production, a minimum deposit of 50% of the total order value is required. You acknowledge and agree that production of your order will not commence until the deposit has been received. According to our terms, the final invoice amount must be paid in full prior to the dispatch of any items.