- These terms of offer for sale ("Supply Terms") apply to products purchased via www.durian.in which is a website managed by DURIAN INDUSTRIES LIMITED, a company incorporated under the Companies Act, 1956, ("Company" or "Durian" and its successors and assigns).
- PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE SUPPLY TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME
- IF YOU DO NOT AGREE WITH THE SUPPLY TERMS, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
- This Website is a platform that facilitates the online sale and purchase of merchandise and services ("Services") offered by third party vendors and service providers ("Vendor/s").
- You should take all responsibility for your own actions in utilizing the Products purchased by You and Durian shall not be liable for any such action.
- You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.
- Durian shall not be responsible for any deficiency in payment of consideration payable towards the Products purchased on the Website.
- Durian enables Sale & Shipping for all the products on the Website as per the company's policy, which may be changed from time to time.
- We try our best to deliver products exactly the way they appear on the site. However, the nature and tendency of natural wood based products is that each piece of furniture is unique in its own way. Durian hereby disclaims any Guarantees of exactness of the finish, color, shade or appearance of the final product ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through our Website may differ with your expectations. In the case of any significant material damage to the Product, the customer must inform to the delivery person & send photographic evidence of the damaged product via email to email@example.com at the time of delivery receipt of the Product. Durian will review the evidence, and take necessary action as per terms of Warranty & Replacement.
- In case, you receive a damaged Product, please bring it to the notice of the delivery personnel immediately. In case you notice an issue later, please get in touch with us on our customer care number or write to us at firstname.lastname@example.org
- Durian has the right to change or discontinue any Service at any time, without notice. Durian may add or modify the procedures, modes, processes or conditions of purchase at any time. Durian shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
- Prices for products are described on our Website and are market perceived prices .All prices are in Indian rupees and may change at Durian`s discretion.
- In the event a product is listed at an incorrect price due to a typographical or any other error on any page on the website, Brochure, Promotional material or any other electronic or hard copy document, Durian will have the right to refuse, cancel, modify, or take any action it may consider appropriate to address the error for any inquiry, quotation, purchase order or orders placed for products listed at the incorrect price, regardless of whether an order confirmation has been sent or not, and/or any payment has been made or not. If one or more payments have already been made and your order is confirmed, accepted, refused, cancelled, or modified in such a case of incorrect price, or for any other reason, company will refund any payment or payments you have already made for such item or items will not be shipped due to the non-validity of the purchase order or orders.
- In no event shall Company be liable to ship the product to the customer at the in accurate price or under any adverse business condition that can compromise other business factors. If we discover such errors, they will be corrected on our system using best efforts on the part of the company, and the corrected price or other information will be notified to you, and will be applied to your purchase order or orders.
- The prices advertised on this site are for online orders. Prices and the availability of Items are subject to change without notice. Any prices used on this site may not be indicative of the actual selling prices in your area.
- Durian provides You the possible lowest rates on Products You buy via this Website. However, Durian does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
We offer personal delivery of Products at your door step through our designated territory Entities. Durian having a Pan India network across the country, efforts will be made to deliver the item booked by you at your cities within 21 days from the day of close of sale depending upon the shipping location subject to practical constraints.
- Once you have completed your online purchase of furniture upon receipt of the payment in relation to product price and location wise delivery charges if applicable, Durian will send a confirmation email to your registered email address informing you of the scheduled date of delivery of your furniture.
- We will deliver your purchased furniture at your place provided your premises is located within reach of our existing Durian branches and you agree to make available adequate arrangements for smooth carriage by the carrier at your owned cost and consequences from such main gate of the complex to your doorstep irrespective of the floor of your complex.
- You agree to ensure that access is suitable for the delivery of the furniture at your desired location. Durian will not accept cancellation/rejection of the product purchased by you, at the time of delivery on the ground that access to your desired location is not possible (e.g. doorway too small, insufficient space to maneuver the furniture through the premises, road inaccessible to delivery van, etc
- Durian will make every effort to carry out deliveries on the given date. The delivery date given to you is an estimate given in good faith. If we are unable to deliver on time we will inform you using the registered contact numbers and/or email address from your registered data.
- Normally we do not charge for Deliveries within our Showroom Territories.
- You cannot change Shipping address after placing the order.
- In case of custom order or if we do not have that stock we will inform you through email.
- If you fail to take delivery of the goods Durian may at its discretion charge you for the additional shipping cost.
- If your purchased furniture remains at Durian Industries Ltd. Warehouse for more than one week during which time you fail to accept delivery/re-delivery (despite Durian industries Ltd. having contacted you to do so), Durian industries Ltd. Reserves the right to cancel your order and retain up to 20% of the order value.
- At the time of Delivery of products Durian will provide Warranty card, Invoice along with dispatch papers before installing the products, where in Durian request customer to ask for Warranty Card & Invoice to delivery person at the receipt of Material.
- Incase of gift purchase the requested item will be made presentable with special massage or greetings to the possible extent.
- We currently ship to Mumbai, Delhi, Bengaluru, Pune, Ahmedabad, Chennai, Bhubaneswar, Surat, Aurangabad, Chandigarh.
- Also see the Shipping & Delivery Policy in FAQ format for Your convenience (*)
- Durian provides the services of Installation/Assembly required for the products free of costs through our authorized technicians, the product will be assembled at your premises after delivery.
- Our technicians shall not be responsible for handling any products/s other than the product purchased from Durian. Upon completion of the assembly work, Durian technicians shall not be responsible for movement of the product at any location other than the place confirmed by you. Any damages incurred during such activity undertaken by your representative shall be excluded from Warranty norms.
- You shall avail the Five Year Warranty including One year manufacturing defect which includes service with FOC material input and rest Four years Warranty limited to only service excluding any material input.
- Rectification of the damaged products in terms of replacement or repairs of the damaged part of the product will be done within period of 30 days from receipt of the intimation through email or phone mentioned herein.
- Warranty does not cover replacement of the products. You shall agree and undertake not to claim replacement of the products at any time on acceptance of the product.
- This limited Warranty does not cover user's damage which includes but not limited to physical damage to the products, negligence, cuts, violation of the user's guide any external damages to the products while shifting by self or by your representative and any other damages apart from manufacturing damage.
- Warranty program is limited for Five years from the date of Invoice of the products. This Warranty program is revocable any time at fullest discretion by the Durian.
- Under the said Warranty Term Durian shall provide free repair services in regard to any malfunction or defect to the goods/material caused arising within One year from the date of Invoice. For the remaining Four years from the date of expiry of First year, Durian shall only be liable to provide repair services in regard to any malfunction or defect to the goods/materials, at cost to the customer including component cost.
- Repair and rectification work shall be done on the basis of the volume of the work; if in the event, repair is of minor in nature, the same shall be done at your place. In case of major rectification work, the product has to move to our branch Service Centre. Necessary charges shall be applicable for the same.
- Estimated time period for Repair/Replacement of the damaged part shall always subject to availability of the particular part in warehouse of the Durian.
- Warranty will be governed by the Terms & Conditions as mentioned on the Invoice.
- Durian does not provide Warranty on the following goods/material arising out of /due to any defects (of whatsoever nature).
- Rocking chair.
- Marble & Glass furniture Items.
- Electrical components, Locks, Accessories.
- On any goods or material sold on specific discounted rates as notified by Durian at Time of sale.
- All small items e.g.Bean Bags, Coat Hangers, Plastic & Fibre based items, Accessories, Handles of any furniture, Shelves of Cabinets etc.
- Components like Bushes & Buffers on Furnitures.
- All cost pertaining to Transportation and Insurance during the transit of goods/Materials from Durian authorised Service Centre to the Customer's Site/Premises under the said Warranty Term shall be borne by the Customer as per the Invoice raised by Durian.
- Durian reserves the right to reject any Warranty Service during the Warranty Term, if in its sole opinion, Durian finds that the Customer have not compiled/adhered to the User Manual/Instructions provided to the customer at the time of Sale of such goods/Materials.
- Exchange is possible in case, you receive a damaged product and depending upon the type of damage we shall send necessary parts / replacement or send our expert technicians to assess and fix the issue.
- We cannot offer any Return/Refund or cancellations of any kind furniture once delivered in good condition & satisfactory mode.
- We request the customer to personally be present during delivery to ensure that they check the furniture at the time of delivery. Our delivery staff will assist the customers with any questions they have.
- In case of cancellation of booked item we will refund the Advance amount deducting order processing charges.
- Return of the product is possible in genuine cases with valid supportings where in we will refund the Advance or total paid amount deducting the order processing, material handling and delivery charges incurred upon it.
- Durian Shall not be responsible for damage or theft of goods after the delivery of the same at your site.
- Durian`s responsibility ceases after the Product is delivered on the ground floor of customer`s premises.
- If the complaint is frivolous or baseless, Durian reserves the right to take legal actions against You and You will be solely liable for all costs incurred by Durian in this regard.
- In order to return any Products, you are required to comply with the below mentioned conditions, viz:
- You should inform receipt of a Damaged/ Defective product/service at the time of delivery. If you are unable to do so Durian shall not be held liable for the failure to replace the order.
- Products should be unused.
- Products should be returned in their original packaging along with the original Price tags, Labels, Barcodes, User manual, Warranty Card and Invoices etc.
- The returned Products are subject to verification and checks by Durian in order to determine the legitimacy of the complaint/ return. If the claim is not legitimate, you will be required to bear the shipping costs for the product.
- If the Product can be repaired by our Branch outlet, Durian will get the same repaired and send it back to you.
- A promo code, once used shall not be refunded in case of cancellation of order either by customer or Durian.
- You agree to indemnify, defend and hold harmless to Durian from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Durian in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, Warranty, Covenant or Agreement made or obligation to be performed by you pursuant to these Terms.
- In no event shall Durian, its Officers, Directors, Employees, Partners or Vendors be liable to you, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not durian 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 tortuous action, or any other claim arising out of or in connection with Your purchase of the products and services herein
- These Supply Terms and the relationship between You and Durian shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- The Terms and all transactions between You and Durian shall be governed in accordance with the laws of India without reference to any conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
- Durian Industries Ltd. Shall introduce various Offers, Schemes or contest at different times and Durian reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes introduced in market from time to time.
- While participating in the contest you hereby agree to release Durian from any claim or demand, including but not limited to reasonable attorneys fees or arising out of or related to your participation in the said contest.
- These terms apply to offer for SALE of products via www.durian.in
- PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE SUPPLY TERMS AND CONDITIONS.
- Durian has the right to change or discontinue any Offer/SALE/SCHEMES at any time.
- Durian shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the promotions and offers.
- The mentioned offer is valid only for online SALE through www.durian.in
- The prevailing discount is valid only for the notified period or until stocks last and No extensions will be possible on the offer.
- The offer is applicable on any number of purchases made until the last date mentioned.
- It is not possible to modify the order on which offer has been applied.
- Existing orders cannot be cancelled in an attempt to avail the other offer. This offer is valid only for subsequent purchases.
- No two offers can be clubbed for purchase of same product at a time.
- Gift vouchers and promo codes shall be redeemed within the specified period and set category as mentioned.
- Products will be delivered to you as per the delivery date mentioned on the order confirmation email.
- Any promotional activity ie. offer/sale/discount is not available on online purchase of furniture in Uttar Pradesh due to operational difficulties.
I. TERMS OF SALE OF WINK MATTRESSESA. Payments
(i) In case of making any online purchase (for a purchase below or equal to the amount of Rs. 62,500/-) for the Wink Mattresses from the website of Durian, a minimum amount of 20% of the Sale Price of the Wink Mattresses (as indicated on the website) is required to be made at the time of placing of the order, for confirmation of the said order. Thereafter the balance amount less the advance payment amount (i.e 80% of the sale price) can be paid vide the following payment modes:
- (a) Cash On Delivery (COD); or
- (b) Payment by credit/debit card;
- on delivery of the said Mattresses.
(ii) In case of any purchase through the stores of Durian or any authorized retailer of Durian , an order shall be booked only on the receipt of a minimum advance of twenty five percent (25) % of the Sale Price of the Wink Mattresses (as indicated under the relevant Invoice), from the customers. The balance payment of seventy five (75) % of Sale Price, or a lesser balance amount, as the case maybe, shall be made by the customers to the relevant store of Durian or any authorized retailer of Durian, prior to (2) days before the “Date of Delivery” of the Wink Mattresses.
B. Mode of Payment in case of purchase from stores of Durian or any authorized retailer of Durian
Payments shall be accepted by Durian on the basis of the following payment modes: Cash, Cheque, Draft, Credit/Debit Cards and RTGS to “DURIAN’s” Bank a/c. In the event of payment by cheques, customers shall only get the delivery after realisation of the Balance Payment in DURIAN’s account.
C. Order Execution terms
(i) A minimum four to five (4/5) working days time shall be reserved/deployed by Durian to execute the order from the date of receipt of the Payment (in case of an online purchase)/Balance payment (in case of purchase from stores of Durian/ authorized retailer of Durian).
(ii) An order booked once, cannot be cancelled. In case of any cancellations, DURIAN reserves the right to retain any advance payment of 25% (twenty five percent) if the purchase is from a store/authorized dealer of Durian as Liquidated damages, being a reasonable estimate of the order processing charges. In case of an online purchase the advance payment of 20% (twenty percent) shall be retained, if the order is cancelled, after booking. Further, DURIAN shall neither refund, nor adjust the any advance Payment against purchase of any other goods/material and to any other persons account.
(iii) Subject to the Terms of Warranty below, the Wink Mattress once delivered cannot be replaced or taken back under any circumstances. Accordingly, customers are instructed to conduct the necessary due diligence to satisfy themselves about the nature, specifications (incl. dimensions) of the Wink Mattress before placing any order.
D. Force Majeure
All delivery of orders of Wink Mattress are subject to Force Majeure events as follows:
DURIAN shall not be responsible for any delays in the delivery or damage to the Wink Mattress under the Invoice, if the same is due to any reasons beyond its control, including but not limited to Natural Calamities – Fire, Floods, Earthquakes, Theft, War, Emergency, Riots, Revolutions, Embargo, Civil Commotions, Political disturbances, Strikes, Lockouts and Curfew or any other circumstances beyond human control.
E. Freight at customer’s Risk
DURIAN shall book any dispatch on the mode of transport as it deems most appropriate for the Wink Mattress, at customer’s risk unless DURIAN shall have received previous written instructions to the contrary before the Wink Mattress are placed on transit through any mode of transport, i.e. rail, road or by air. However, the Freight shall be always on customer’s account and shall be charged on a pre paid basis.
F. Delivery Conditions and Place of Delivery
(i)The “Date of Delivery” stated in the Invoice is only estimated and therefore, “DURIAN” shall not be liable to compensate the Customer due to any late delivery. Further any delayed delivery shall not be the ground for cancellation of order or rejection of the Wink Mattress.
(ii) The place of delivery for the Wink Mattresses shall be as filled in by the Customer in the Address FORM post booking of the Order.
(iii) Once the Wink Mattress is placed on any mode of transport agreed upon for delivery, customer shall take delivery of the goods at the place as stated above and the liability of Durian ceases once the goods/material are placed on mode of transportation. Customer’s failing to take delivery of items beyond a maximum period of 1 (one) month from the “Date of Delivery” shall have to pay warehousing charges as levied by “DURIAN”, on actual basis.
G. Delivery in One or more Lots
Unless otherwise expressly agreed by DURIAN, if more than one Wink Mattress is ordered, it may be delivered either in one lot or in separate lots, as shipped. Customer hereby accepts that every order shall be subject to the aforesaid condition, notwithstanding anything expressed to the contrary under the said order.
All Wink Mattress are sold on “Do It Yourself” basis. Before installation/use of any Wink Mattress customers are instructed to read the “User Manual/Instructions carefully, which are provided with each Wink Mattress during the time of delivery.
I. Damage at your Site
DURIAN shall not be responsible for any damage or theft of the Wink Mattress after delivery of the same at the place of delivery as listed herein.
II. WARRANTYTHE WARRANTY ON WINK MATTRESSES PURCHASED THROUGH THE WEBSITE (https://www.durian.in/) OF DURIAN INDUSTRIES LIMITED (hereinafter referred to as “Durian”) AND PURCHASED DIRECTLY FROM THE STORES OF DURIAN OR AUTHORIZED RETAILERS OF DURIAN AND SHALL BE GOVERNED BY THE TERMS AND CONDITIONS AS MENTIONED HEREIN BELOW.
YOUR PURCHASE OF THE MATTRESS SIGNIFIES YOUR ACCEPTANCE OF THE BELOW MENTIONED TERMS. THE TERMS AND CONDITIONS AS MENTIONED HEREIN ARE SPECIFICALLY APPLICABLE TO WINK MATTRESSES ONLY.
TERMS AND CONDITIONS OF WARRANTYA. The Wink Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and its user(s). This Mattress Warranty does shall be valid only if it is use it in a manner handled, maintained, and used by you (the Customer) for its intended purpose.
B. Durian shall provide a ten (10) year term of Warranty on the Wink Mattresses sold under this Invoice, commencing from the date of the Invoice of the said Wink Mattresses (“Warranty Term”) in the manner as listed hereinbelow. This Warranty is limited to material defects resulting from defective materials or workmanship in the Wink Mattress you have purchased.
C. To exercise the warranty benefits, you must have the original copy of the invoice with you. Without the original copy of the invoice, you will not be able to avail the warranty benefits.
D. Warranty upto 1 (one) year from the date of Delivery:
(i) Starting from the date of delivery, upto a period of 1 (one) year, the Wink Mattress, subject to the exceptions will be replaced by Durian, if there is a reduction in the thickness of greater than 10% (ten percent) of the Wink Mattress.
For eg: If the mattress is 10” thick and there is a reduction in thickness by 1” or more then the mattress is eligible for replacement.
(ii) However the replacement will be subject to the exceptions as mentioned herein and the availability of the said Mattress with Durian, in case of an online purchase and in case of a purchase from any store/authorized dealer of Durian subject to availability of the said Mattress with the respective store/authorized dealer . If that same Mattress is not available at the time you exercise your warranty, a similar substitute of the Mattress will be provided to you or the purchase value of the Mattress (as stated on the invoice) will be refunded. Such replacement/refund shall be given within a reasonable period of time.
E. Warranty after 1 (one) year from the date of Delivery:
(i) After expiry of 1 (one) year from the date of delivery no Wink Mattress will be exchanged, irrespective of the defect therein. However, Durian subject to the exceptions, shall take back the Wink Mattress from you and in return pay to you (in INR) vide the mode of payment it deems fit, the Depreciated Value of the Mattress on-pro rata basis, within a reasonable period of time.
Eg: Value of the Mattress (as mentioned in the invoice)-Less 10 years (depreciation of the value of the Mattress) for every year i.e. Rs.10,000/- (-) Rs.1,000/- (Less 10 years depreciation of the value of the Mattress) = Rs. 9,000/-
Rs. 9,000/- (-) Rs.1,000/- (Less 10 years depreciation of the value of the Mattress) = Rs.8,000/- etc.
(ii) Thus, if you purchase a Wink mattress for Rs 10,000 and any defect appears after 5 years of use, Depreciated Value for the mattress shall be refunded to you on pro-rata basis for balance term of 5 years. It means that the pro-rata value in rupees to a consumer on that mattress with a guarantee of 10 years for the mattress would be Rs.5000 upto the 5th year from the date of the invoice as provided in the example above.
F. Costs of transport and insurance in case of replacements
All costs pertaining to transportation and insurance incurred during the transit of any replacement mattress from any Durian authorized service centre to the customers site/premises under the said Warranty Term, shall be borne by the customer as per the invoice raised by Durian.
III. EXCEPTIONS:A. This warranty will not be applicable on any normal wear and tear of the outer cover and stitching issues arising from regular use of the Wink Mattress. Nor does Durian cover any damages caused by or resulting from circumstances or uses that go beyond the ordinary, intended maintenance and uses of a Wink Mattress. If you have questions about proper maintenance and use of your mattress, please contact us at [email protected]
B. This Warranty excludes:
(i) minor imperfections and slight cosmetic flaws;
(ii) stains, soiling, burns, and discoloration that occur over time on account of use by you;
(iii) dampness or mold;
(iv) individual or personalized preferences relating to firmness, texture, comfort, etc.
(v) individual or personalized allergies and sensitivities; and (vi) naturally occurring cotton or foam aromas.
C. In addition, this Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection by the technical team of Durian, will void your Warranty:
(i) any unsanitary condition;
(iii) use of the Product on an improper bed frame;
(iv) physically abusing the Product;
(v) attempting to clean the Product in an inappropriate manner; and
(vi) improper storage of the Product (including storage in damp locations, areas infected with insects or rodents, or any other unprotected storage areas); and
(vii) purchase from resellers who are not authorized retailers.
D. This Warranty will not be applicable if the flexible polyurethane of any Wink Mattress becomes soft and/or changes colour, on account of your misuse or neglect, as ascertained by the technical team of Durian.
IV. How to make a claim under this warrantyTo make a claim under this Warranty, please send a brief written description (and photo, if possible) of the problem or condition that you believe constitutes a defect and a proof of purchase (such as your original sales receipt) to Durian, at the E-mail ID [email protected] within the Warranty Period as stipulated herein.
V. Claim handling procedureAfter receipt of your complaint, the technical team of Durian (within a reasonable period of time) will physically inspect the mattress, prior to accepting a particular claim under this Warranty. The final decision will be of Durian, whether a particular claim qualifies to be accepted for the purposes of Warranty as mentioned herein.
VI. LIMITATION OF LIABILITYIN NO EVENT WILL DURIAN BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR PURCHASE AND USE OF THE WINK MATTRESS.
IN NO CASE SHALL DURIAN’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE WINK MATTRESS GIVING RISE TO ANY SUCH LIABILITY.
VII. Governing law and Dispute ResolutionIn respect of any Dispute arising under this Mattress Warranty, the Courts in India (Mumbai) shall have exclusive jurisdiction.
(1) The terms and conditions as mentioned herein are subject to change by Durian.
(2) You hereby agrees that the warranty terms contained hereinabove shall not be construed as any form of “guarantee” on the Wink Mattresses, and that the liability of Durian shall be strictly limited and subject to the Warranty Terms contained hereinabove.
(3) You hereby fully agree and understand the above mentioned terms and conditions regarding sale and warranty.