Terms and Conditions

 

This document is an electronic record under Information Technology Act, 2000, and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and user agreement for access or usage of www.luxerior.in website.

 

User Agreement

 

Your use of www.luxerior.in and all the web-pages, hyper-links, tools, and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with Luxerior Interior Designs, corporate office at 2128, G, Rustomjee Eaze Zone, Goregaon-Mulund Link Road, Mumbai - 400064, Maharashtra, India, hereinafter referred to as "Luxerior" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

 

For the purpose of the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who have used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification user name ("User ID" and "Password") to become a Registered User. The term and expression "You" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators, and permitted assigns.

 

As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. "Acceptance" shall mean your affirmative action in clicking on the 'check box and/or on the ‘continue’ button and/or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘check box or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.

 

Amendments to the User Agreement

The Luxerior may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time the Luxerior posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

 

INTERIOR SERVICES

 

The Terms and Conditions laid down here shall be exclusively applicable for Luxerior Interior Designs Interior Services and shall be read together with the existing Terms of Use and other policies as stated on our website www.luxerior.in ("Website") and as applicable from time to time. Under the Luxerior Interior Designs Interior Services, project management services shall be provided by Luxerior Interior Designs.

 

Filling of Enquiry Form

 

Interested customers shall be required to fill in the details in the form that is available on the home page of Luxerior Interior Designs for the purpose of availing these services. Customers shall receive an email pursuant to such submission of inquiry forms.

Acceptance and approval of final design

 

The Interior Services consultant will create finalized designs based on the customer’s feedback and material preferences. The finalized design will be accompanied by BOQ (Bill of Quantities) which shall have the exact details of the scope of work, actual site quantities, and project value. The customer shall have the option to accept the finalized scope of work and BOQ by remitting a certain percentage as an advance.

Execution of Service Agreement

 

Upon acceptance by the customer of the finalized BOQs and scope of work and remittance of the advance as stated above, the customer shall be required to execute a Service Agreement with Luxerior Interior Designs for the execution of the work. The Service Agreement shall have detailed work schedules and remittance timelines.

 

On-site execution and project management

 

Post the execution of the Service Agreement, the onsite execution by the Luxerior Interior Designs shall be commenced. During the course of execution, the customer shall be regularly and suitably updated on the progress via Messages, calls and site meetings.

 

Site Handover

 

Pursuant to the execution of the scope of work, the site will be handed over by Luxerior Interior Designs to the customer. Such site handover shall be accompanied by a site handover acknowledgment duly signed by the customer and Luxerior Interior Designs as a confirmation of completion of project.

 

Completion of Project

 

The services hereunder shall be deemed to be completed on the date of completion of 3 months from the date of the site handover. The customer may approach Luxerior Interior Designs for any service-related issue during such span of 3 months.

 

Payment

 

The customer shall be responsible to make timely remittance as per the schedule provided to them at the time of agreement.

 

General Terms and Conditions

The customer shall be responsible for providing true and correct information. Luxerior Interior Designs shall not be responsible for any inadequate or incorrect deliverables due to misleading or inaccurate information provided by the customer.

The Contractors shall not be facilitating any services directly for the customer without Luxerior Interior Designs’s knowledge during the term of the project. The customer shall not approach the contractor without the knowledge of Luxerior Interior Designs.

The customer and the Contractors shall be responsible for adhering to all the terms and conditions as stated in the Service Agreement along with the SOPs, guidelines and other policies of Luxerior Interior Designs.

Luxerior Interior Designs reserves the sole right to modify or withdraw, fully or partially, the benefits offered, if any, under this initiative, without any prior notice, from time to time.

The customer shall be responsible to make timely remittances as per the payment schedule. Delay in remittance by the customer will entitle Luxerior Interior Designs to stop the work.

Any delay in project completion or costs incurred due to such delayed remittance by the customer shall solely be the responsibility of the customer.

Luxerior Interior Designs shall be held accountable by the customer for such delays or increased costs.

In the event the Customer does not wish to proceed with confirmation of the order, Luxerior Interior Designs shall be entitled to retain a cancellation fee equivalent to 50% of the consideration (10% of the estimated project value) remitted by the customer as an act of acceptance of the provisional design and concept. The cancellation fee is applicable for the Modular Furniture as well as Onsite Work and Project Management Services.

The customer shall not be entitled to cancel the Order once the detailed finalized design, scope of work and BOQs are duly approved by the customer and the customer remits 50% of the project value as an act of Confirmation of the Order.

The customer shall not be entitled to any refund once the customer remits 50% of the project value as an act of Confirmation of the Order. This is applicable for Modular Furniture as well as Onsite Work and Project Management Services.

Our team strives to provide accurate scope and pricing information in the BOQ’s shared with you, but there could be, pricing errors or typographical errors. We cannot confirm the total cost of the project until after the Confirmation of the Order and we have done a thorough site survey. There could be variations in the cost based on site conditions and changes/additions in the scope.

All payments are linked to the final project value as proposed in the BOQ and the difference between estimates and BOQ will be adjusted when the Order is booked.

 

Any additions or changes in the scope will be treated as a sub-project and the payments for the same will be made as per the payment milestones.

 

The customer expressly consents to receive all communications from Luxerior Interior Designs through email and SMS and agree to give timely approvals for the same. The failure to do so can lead to project delays.

 

Before confirming of the Order under this initiative, the customer will be responsible to check the scope, description and costing before signing off the same as an act of acceptance.

The colours, finishes and textures that appear on the 3D views are only for representational purpose and may vary slightly from the actual fitting.

All material samples shall be confirmed and signed off by the customer before placing the Order of the same.

The customer agrees that Luxerior Interior Designs reserves the intellectual property rights on design briefs, drawings, design proposals, presentations etc. created for the project and all site photos, client reviews and comments.

The customer may not otherwise contact the Contractors that they meet though the Luxerior Interior Designs, separately for any other purpose which would result in the customer barred from Luxerior Interior Designs for further interior work.

The procurement of permissions and/or statutory approvals if any, will be the responsibility of the customer.

The customer shall be responsible to designate a Lead Person in writing to Luxerior Interior Designs. All approvals will be procured from such Lead Person. To avoid any miscommunication, the designer will only coordinate with such Lead Person. The customer agrees that all communications made to the Lead Person by Luxerior Interior Designs shall be deemed to be made to the customer and consents provided by such Lead Person to Luxerior Interior Designs shall be binding on the customer.

Luxerior Interior Designs shall not be responsible to inform the customer of any such communications or confirmations provided by the Lead Person in case the customer and the Lead Person are different.

The customer acknowledges that Luxerior Interior Designs does not encourage direct negotiations between the material vendors (for materials already outsourced as per agreement/in scope material) for better deals by the customer. In case such activity is undertaken by the customer, timely delivery and quality of material for the same shall be the responsibility of the customer. Any implications on the project completion timelines or project value due to such acts of the customers shall be the customer’s responsibility.

Luxerior Interior Designs shall not be responsible for co-ordinating with 3rd party vendors appointed by the customer. Luxerior Interior Designs shall not be responsible for any delays in the work schedule due to 3rd party vendors as appointed by the customers and the resultant loss in time and resources. Further, Luxerior Interior Designs is not responsible for receipt and custody of any such material delivered by such 3rd parties and other vendors, which is not in the scope of work of the agreement between Luxerior Interior Designs and the customer.

Important Disclaimers

The following disclaimers are the key to determining any relationship between You and the Luxerior for Your use of the Website and for Luxerior providing any services on the Website:

The Luxerior, its associates, affiliates and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted.

You understand, agree and acknowledge that the Luxerior uses third-party service providers to store and process Your personal information and other information which You provide to the Luxerior (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Luxerior. You agree and understand that Luxerior provides no guarantee, warranty, or assurance that such third party service providers will protect Your personal information and Luxerior shall not be liable for any actions, commission, omission, misconduct, fraud, or negligence (whether in contract or tort or under the public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Luxerior.

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.

Electronic Communications

When You use the Website or send emails or other data, information or communication to the Luxerior, You agree and understand that You are communicating with the Website and Luxerior and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Luxerior and all other Registered Users and Visitors and as and when posted, communicated or required.

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Luxerior, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Luxerior as provided from time to time in various hyperlinks on the Website. 

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents, etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor, if you wish to purchase or sell an item on the Website such a purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Luxerior reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Luxerior's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

Membership Benefits

As a registered member of Luxerior Interior Designs, your address, email-id, and other delivery details become automatically saved in the "My Account" section of the Website, accessible only to you. You can track all your orders by logging in to the "My Account" section with the User ID and Password set by you. You can save items you are interested in, using the "My Wishlist" feature, for easy purchases. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the Website, as well as promotional schemes, will be e-mailed to you at regular intervals. You also get free access to our idea book and can access the page without having to log in every time.

Your Account and Registration Obligations

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Luxerior has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Luxerior has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.

Fees and Services

Membership and browsing on the Website is free. All additional fees that may be charged shall be visible for confirmation on the order checkout page.

 

Taxes

You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses, etc. levied thereon.

Privacy

The Luxerior collects, stores, processes, and uses Your information in accordance with Luxerior Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Luxerior in accordance with the Privacy Policy.

Payment Facility

 

Luxerior may from time to time contract with third-party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers, and for collection of Luxerior Fees and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers, or through any facility as may be authorized by the Reserve Bank of India for collection, refund, and remittance, as the case may be of payment or supporting the same in any manner.

Breach 

Without limiting other rights and remedies, Luxerior may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

If you breach the User Agreement or any terms or policies of the Website.

 

If your actions may cause legal liability for you, other users or Luxerior.

 

Luxerior may at any time at its sole discretion reinstate suspended users. Luxerior reserves the right to recover any amounts due and owing by you to Luxerior and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall fully indemnify, keep indemnified, defend and hold harmless Luxerior and Luxerior's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Luxerior and You shall have no authority to bind Luxerior in any manner whatsoever nor shall Luxerior have any authority to bind you in any manner whatsoever. 

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and Luxerior with respect to the subject matter hereof.

In Luxerior's sole discretion, Luxerior may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Luxerior on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.

Other Complaints

In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at luxeriorindia@gmail.com.

Governing Law

This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Luxerior shall be governed and construed in accordance with the laws of India.

Arbitration

If any dispute arises between You and Luxerior during Your use of the Website or Your dealing with the Luxerior in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Luxerior. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.

 

E - COUPONS

 

The Terms and Conditions laid down here shall be applicable on all the E-Coupons used across the website and shall be read together with the existing Terms of Use and other policies as stated on our website www.luxerior.in ("Website/Luxerior") and as applicable from time to time

 

Offer under the E-Coupon may be in the form of instant discounts and/or cashbacks in form of Luxerior Interior Designs Credits (“Luxerior Interior Designs Credits”) and/or any other form or manner as may be agreed between the Luxerior and the merchant

 

E-Coupons are also not offered to, and shall not be used by, such Registered Users who under any statutory obligations are prohibited to use E-Coupons. Each E-Coupon is a privilege provided to Registered Users by the sellers on the Luxerior and is not a right or claim against Luxerior. Luxerior reserves the right to cancel an E-Coupon, in case a Registered User is found to be in violation of the Terms of Use.

 

Registered Users using the E-Coupons in any manner shall be deemed to have read, understood, and accepted these terms and conditions. The value of E-Coupons and the mode of using E-Coupons will be specifically as mentioned in the electronic communication sent to You or displayed on the Website.

 

E-Coupons can be redeemed only on purchases made through the Website on those listings that provide for the option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of payment by Luxerior pursuant to the Luxerior’s risk containment measures. E-Coupons cannot be used to buy any item which is illegal or prohibited by the Terms of Use.

 

One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupon shall be forfeited, and the User cannot claim any benefit or a substitute an E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.

 

An E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or promotion except Luxerior Interior Designs Credits.

 

Luxerior may offer various discounts/incentives to the customers on select products for a select period. The gross discount offered by the Luxerior to the customer, may be reduced on account of various business and operational costs, which entails costs such as administration costs, Luxerior costs, tax costs, etc. Since this discount is offered by the Luxerior on select products and for a specific time, the associated business and operational costs are recovered from the customer. The customer understands and agrees to such costs and accepts a discount net of such costs.

It is our endeavor to provide the best service to our customers and complete transparency in our dealings. Therefore, the Luxerior has displayed the Gross Discount available and has subsequently reduced the above-referred Costs to arrive at the Net Discount availed by the customers.

 

This reduction to the gross discount is calculated, keeping in mind the best offer price made available for the selected products to the customers.

Luxerior Interior Designs reserves the right, at its sole discretion, at any time to levy/charge fees on the processing of the E-Coupons and/or provision of the Luxerior Interior Designs Credits and/or utilization of the Luxerior Interior Designs Credits, without prior intimation or communication.

Luxerior Interior Designs reserve the right, at its sole discretion, at any time to vary/change/extend/withdraw any E-Coupons and/or Luxerior Interior Designs Promotions and/or offers provided thereunder, without prior intimation or communication.

 

Other Terms & Conditions

You should be logged in as a Registered User of Luxerior Interior Designs.com in order to use and avail the benefits of the E-coupons which are mapped to your User ID. Orders without logged-in status may be canceled.

 

The offers/E-Coupons/Luxerior Interior Designs Promotions are valid only for genuine customers who have received direct communication, in any form or manner, of such offer/E-Coupon/Luxerior Promotion. Luxerior Interior Designs reserves the right to cancel any orders placed by registered users using an E-Coupon, which is not directly communicated to the customer in any form or manner.

 

Luxerior Interior Designs reserves the right, at its sole discretion, to decide whether a customer is/was eligible to use an E-Coupon or not for the order placed.

 

An E-coupons can be used by a customer only once.

 

Offer will not be applicable on certain items and Gift Cards.

 

Luxerior Interior Designs reserves the right, at its sole discretion, to exclude certain items from the Offers/E-Coupons/Luxerior Interior Designs Promotions offer, without prior intimation or communication.

 

Luxerior Interior Designs reserves the right, at its sole discretion, to cancel any order where it suspects the misuse of E - Coupons by using unlawful, unethical means, incorrect user information/details, duplicate emails, mobile numbers or addresses. The decision of Luxerior Interior Designs will be final and binding in this respect.

 

Luxerior Interior Designs reserve the right, at its sole discretion, at any time to amend/change the terms and conditions of any E - Coupons and/or Luxerior Interior Designs Promotions and/or offers provided thereunder.

 

Any B2Borders under this offer will be canceled. The decision of Luxerior Interior Designs will be final and binding in this respect.

 

Contact Us

 

For any product or services related complaint or query, please contact us at:

 

Email: luxeriorindia@gmail.com

Call: +91 22 40059479

Website: www.luxerior.in

Address: 2128, G, Rustomjee Eaze Zone, Goregaon Mulund Link Road, Mumbai 400064.