Terms & Conditions

INTRODUCTION

These terms and conditions of use (“Terms”) of the website www.thecharcoalproject.com (“Website”) between The Charcoal Project Private Limited, a company incorporated under the Companies Act, 1956, (“We/Us/the Company”) and the users of the Website (“You” or “User”) describe the terms on which the Company offers You access to the Website. These terms constitute a legally binding agreement between you and the Company in relation to your use of the Website, any orders placed by You on the Website and the goods and services offered and sold through the Website.

PLEASE READ THE TERMS CAREFULLY BEFORE USING, ACCESSING OR REGISTERING ON THE WEBSITE AND/OR PLACING AN ORDER FROM THIS WEBSITE. BY USING THIS WEBSITE AND AVAILING OF SERVICES AND PRODUCTS FROM THE WEBSITE SHALL SIGNIFY YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND PRIVACY POLICY AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. PLEASE DO NOT USE THE WEBSITE OR PLACE AN ORDER ON THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY.

GENERAL TERMS OF USE

The Use of the Website is governed by the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at its sole discretion. By accessing or using this Website You agree that You have read, understood the Terms and agree to be bound by these Terms and the Privacy Policy of the Website.

The Company shall update the Terms in its sole discretion and the updated Terms shall be available on the Website. Your use of the Website will be governed by the version of the Terms available on the Website at the time of such use. You shall ensure to check the Terms on the Website periodically for changes. Your continued use of the Website will signify Your acceptance of the updated Terms.

The Company grants You a non-exclusive, limited privilege to access and use this Website in accordance with the Terms.

You agree to use the Website only for legitimate inquiries and orders.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You shall have access to on the Website in accordance with the Terms.

You agree not to access or try to access the Website by any means other than through the interface that is provided by the Company.

You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive, defamatory or obscene or engage in any conduct that is in violation of applicable laws.

You shall undertake not to:

1. Upload files that contain software or other material protected by applicable intellectual property laws or upload files that contain viruses, corrupted files, or programs that may damage the operation of the Website or another's computer system;
2. Attempt to gain unauthorized access to the Website, any other systems or networks connected to the Website, to any of the Company’s server by any illegitimate means;
3. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Company;
4. Disrupt or interfere with the security of the Website or interfere with the proper working of the Website;
5. Collect or store data about other Users;
6. Violate the Terms and/ or any applicable laws or regulations for the time being in force within or outside India; and
7. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

SERVICES

You can place your order by creating your account or as a guest. The orders are placed through the product description page for a particular product of your choice. Once you have added the product in your shopping bag, you are required to fill in the shipping & billing details. Post this, you will be directed to the third party payment gateway (razorpay) wherein you will be required to make the payment for your choice of product through your preferred payment method. After making the payment, you will receive an order confirmation email.

Any change in Stock quantity of a given product will be updated from the backend of the website.

REFUND

The Charcoal Project Private Limited carefully inspects each item prior to shipment. Upon receipt of your order should you discover any damage or defect in your furniture please contact us immediately. Any damage or defective furniture or accessories should be brought to our attention through email at contactus@thecharcoalproject.com along with pictures of the defect/damage of the product received within 24 hours of receipt of your order. We shall offer replacement or refund of any defective items within 30 days of receipt of the product by us.

RETURN

In the event you would like to return your product and initiate a refund, you may write to us at sales@thecharcoalproject.com within 24 hours of receipt of your order. We shall refund you in full once we receive the product in good condition without any defect or damage. You should receive your refund as a credit note within 15 working days after we have conducted a quality check on the returned product. Please note that you have to bear the cost of shipping the product back to us at The Charcoal Project, Unit No. 1, D Mall, New Chandra CHS, Off Veera Desai Road, Andheri (W), Mumbai- 400058.

EXCHANGE

If you are unhappy with your products you shall exchange the same within 24 hours of receipt of your order. You may write to us at sales@thecharcoalproject.com stating the reason for your exchange along with pictures of the product ordered. Please note that you have to bear the cost of shipping in this scenario, for the returned product as well the exchanged product. You may ship the product back to us at The Charcoal Project, Unit No. 1, D Mall, New Chandra CHS, Off Veera Desai Road, Andheri (W), Mumbai- 400058.

CANCELLATION

Orders can be cancelled within 24 hours of placing the same. The refund will be initiated and the customer will receive the refund within 15 working days as a credit note. There is no cancellation for orders beyond 24 hours from the time of placing orders.

SHIPPING

Once your order has been confirmed the same shall be shipped to you and you should expect to receive your product within 8-10 working days. Any product under 5 (five) kgs will be eligible for free shipping. Shipping costs as applicable will be levied of orders above 5 (five) kgs.

In the event the ordered products do not fit/enter your doorway/ corridors or lifts then you may have to pay extra charges as applicable to load the products through your window/balcony/terrace.

FINAL CLEARANCE/ SALE

Final sale and clearance items are considered final sale and are non-returnable and non-refundable.

NOTE
There may be errors in the descriptions or images of certain merchandise, and we must reserve the right to restrict orders of those items.

ELIGIBILITY

You should be at least 18 (eighteen) years of age to access and use the Website, avail of the products and services offered on the Website. You represent that You above 18 years and You are entitled to form a binding contract under the applicable laws.

(The Company) shall in its sole discretion refuse or restrict access to the Website, and/or purchase of any the Products and/or use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.

USER ACCOUNT, PASSWORD, AND SECURITY

To create a user account with the Website ("Account") You have to provide certain information such as user name and password. You represent to provide correct credentials and data. You shall not misrepresent your personal information and use information other than yours. The sale of Products and/or Services may also be subject to procedures for use of the Website.

You shall be responsible for maintaining the confidentiality of the Account Information, and for all activities conducted through Your Account. You shall not share your Account with any third party. You shall immediately notify the Company of any unauthorized use of Your Account. The Company shall not be liable for any loss or damage arising from Your failure to comply with these conditions. You shall be liable for any losses incurred by the Company due to authorized or unauthorized use of Your Account arising due to Your failure to keep Your Account details secure and confidential.

If You provide any information that is untrue, not current or incomplete or if the Company suspects that such information is untrue, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse use of the Website.

PRICING INFORMATION

Information relating to pricing of products, terms of purchase of Products, and/or availing any Services, through the Website, are detailed under the www.thecharcoalproject.com.

You agree to provide correct and accurate credit / debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services on the Website. You shall use Your own credit / debit card / net banking/ e-wallet on the Website. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card/ net banking/ e-wallet details. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.

INTELLECTUAL PROPERTY RIGHTS

The Company owns all intellectual property rights to the Website including but not limited to all text, graphics, user interfaces, visual interfaces, images, sounds and music on the Website is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of the Company. You shall not use the Marks without the prior consent of the Company.

INDEMNITY & LIABILITY

You shall indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms relating to the use of the Website and the purchase of Products.

In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the Products and/or availing of any Services herein.

THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT WITH OR WITHOUT YOUR KNOWLEDGE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND.

NOTWITHSTANDING ANYTHING TO CONTRARY CONTAINED IN THESE TERMS, OR ELSEWHERE, THE COMPANY'S ENTIRE LIABILITY IN CONNECTION WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE IS STRICTLY LIMITED TO THE PRICE OF THE PRODUCT.

GOVERNING LAW

The Terms and all transactions entered and the relationship between You and the Company any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.

All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed or under a contract that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include strikes, lock-outs or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, pandemic, epidemic or other natural disaster, acts, decrees, legislation, regulations or restrictions of any government, or any shipping, postal or other relevant transport strike, failure or accidents. In the event of a force majeure event our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

GENERAL PROVISIONS

Waiver: In the event of failure of the Company to enforce any of its rights or remedies under these Terms will not act as a waiver of such rights and remedies. No waiver shall be effective unless it is expressly stated to be a waiver and the same is communicated to you in writing in accordance with the provisions of notice contained herein.

Notice: All notices from the Company will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to the Company pursuant to the Terms should be sent to contactus@thecharcoalproject.com.

Assignment: You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party.

Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms.

Feedback and Information: You may email your feedback and comments to contactus@thecharcoalproject.com. Any feedback You provide to this Website shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis.