TERMS OF SALE for purchase on-https://www.durian.in/”website” for DURIAN INDUSTRIES LIMITED (“DURIAN”)
Any order shall be booked/confirmed on the receipt of the payment of the full amount (100%) of the Sale Price of the goods/materials (as indicated on the website and the invoice of the said goods/materials) from the customers. (“Advance Payment”)
Mode of Payment
Payments shall be accepted by “DURIAN” on the basis of the following payment modes:, Credit/Debit Cards and RTGS to “DURIAN’s” Bank a/c . It is the responsibility of the customer to provide correct credit /debit card details and the customer agrees that it shall not use the credit/debit card which such customer is not authorised to use. Durian will not be liable for any credit/debit card fraud. Durian reserves the right to recover the cost of goods, Collection charges and lawyers fees from persons using the website fraudulently. Durian further reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Order Execution terms
- 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 full payment,
- Order booked once, cannot be cancelled, unless cancelled within, One (1) hour of receipt of an order. No cancellations beyond the stipulated period of One hour shall be allowed. No amount shall be refunded. In such cases, if One Hour have elapsed from the date of the Order of Booking; full amount paid by the Customer will be deemed forfeited.
- Subject to the Terms of Warranty below, goods/materials once delivered cannot be replaced or taken back under any circumstances unless they are damaged, defective or different from those which were ordered.
Please do not accept delivery of any item if you notice any apparent damage or deep damage. Please contact our customer care on (*) if you open the packaging and discover that the item is damaged. Products damaged while being used do not qualify for a refund or replacement. Products that have been assembled and/or installed cannot be returned or replaced, in case any manufacturing defect, the product will be repaired under normal warranty terms.
Delivery of all orders are subject to Force Majeure, as mentioned below.
DURIAN shall not be responsible for any delays in the delivery or damage to the goods/materials under this Invoice, if the same is due to any reasons beyond its control including but not limited to Natural Calamities – Fire, Floods, Earthquakes, Acts of God, Drought, or other natural disaster, epidemic or pandemic, Theft, Terrorist attack, Civil War, threat of or preparation of war, armed conflict, imposition of sanctions, breaking of diplomatic relations, nuclear, chemical or biological contamination or sonic bomb; any law or any action taken by a government or public authority, any export or import restriction, quota or prohibition; Emergency, collapse of building, fire, explosion or accident; non-performance by supplier or subcontractor, interruption and failure of utility service, Riots, Revolutions, Embargo, Civil Commotions, Political disturbances, any labour or trade dispute, industrial action, Strikes, Lockouts and Curfew or any other circumstances beyond human control.
The “Date of Delivery” stated herein is only estimated and DURIAN shall at all times try to fulfil its commitment, “DURIAN” however shall not be liable to the Customer on account of any late delivery due to unforeseen circumstances and/or force majeure. Further any delayed Delivery on account of the above reason shall not be the ground for cancellation of order or rejection of goods/materials. Once goods/materials are placed on any mode of transport agreed customer shall take delivery of the goods Ex-the place of Transport at the destination as the case may be. 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.
Delivery in One or more Lots
Unless otherwise expressly agreed by DURIAN the goods/materials ordered 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.
Bought as Seen and Liked basis
In case of the product being purchased online or from exhibition sales or from discounted sales, the product/s are considered to be bought by the customer on “bought as seen and liked” basis, therefore , Durian shall not entertain any request for exchange, replacement or refund unless the product suffers from any of the manufacturing defect as per opinion of Durian , and which compromises the structural integrity of the product.
The company will only be liable in respect of installation work carried out by its specialised Technical persons stationed at its authorised Stores & Outlets across the Country; but will not be liable in any case where there are direct contractual relations between the Customer and the installing party other than the company. However, in the case of certain items sold by the Company and specifically mentioned under “DO IT YOURSELF “ CATEGORY like MATTRESSES, PILLOWS, ACCESSORIES etc, will fall under instant use by the Buyers without any guidelines and Technical assistance for assembly.
Damage at the customer’s premise
DURIAN shall not be responsible for any damage or theft of the goods after delivery of the same at the customer’s address provided by the Customer’s or at any other place agreed in writing with DURIAN. When the price quoted is ex-Showroom/Godown; DURIAN’s responsibility ceases after the goods/materials are delivered on the ground floor of the customer’s premises and DURIAN does not hold responsibility for any damage to the goods/materials of the premises where the goods/materials may be taken to upper floor or down into the basements, as the case may be.
Repair & Maintenance
Subject to the “Terms of Warranty” below any repairing or maintenance to the goods/materials sold to the customer, shall be entirely at customer’s risk and cost. Unless damaged or defective goods were received by the Customer or different from those ordered, except to the extent provided under “Terms of Warranty”, DURIAN excludes any and all warranties, expressed or implied, in relation to merchantability or fitness of the goods/materials for any purposes.
Durian has made every effort to display the colours of the goods and material that appear on the website as accurately as possible. However, as the actual colours the customer may see will depend on monitor, and Durian cannot guarantee that the monitor's display of any colours will be accurate.
Alteration & Modification to the Original Product
No alteration or modification should have been made / carried out to / in the product/s, and the faulty product shall be in its original state for Durian to honour the request of repair. Durian’s liability to repair the product in case it is modified in any manner whatsoever by the customer shall cease upon such modification/s.
Durian has made every effort to display the real image of all goods and material listed, but it should be considered indicative only.
The Courts of Mumbai shall have the exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms and conditions.
We at DURIAN manufacture and sell Sofa, Chairs, Tables, Wardrobes, Beds, etc. These Products are made from Solid Wood, Leather, Marbles, Glass, Plywood, etc.
We at DURIAN ensure that all our products are free of any manufacturing defect. However, in the unlikely event that any product is found defective by DURIAN, then we offer a five (5) year repair warranty against any such manufacturing defect, which shall commence from the date of this Invoice. Out of the said five (5) year warranty period, DURIAN shall provide free repair services for any malfunction or defect that arises in the product within one (1) year from the date of the Invoice. For the remaining four (4) years of the warranty period i.e. from the date of expiry of the first year, DURIAN shall only be liable to provide repair services in regard to any such malfunction or defect, at cost of the customer (including component cost, if any, which will be payable by the Customer solely). The period of warranty for the repaired product shall not exceed the length of the Original warranty.
DURIAN does not provide warranty on the following goods/materials or any defects (of whatsoever nature):
- Rocking Chair, Bean Bags, Accessories and/or Handles of any furniture, Shelves of Cabinets. Electrical Components, Bushes, Buffers etc.;
- Any products/part of the products made of Marble, Glass, Stone, Plastic and Fibre, unless explicitly mentioned;
- Any defect in the product or damage to its appearance including Scratches, dents, stains, wrinkles, colour-fading, weaning, beading of fabric/leather and any other changes developed from normal wear and tear during its use in natural course or caused by misuse, abuse, neglect, lack of maintenance, improper cleaning or incorrect handling/installation by the customer or any other third party;
- Any damage caused to the product due to usage of the product beyond its intended use;
- Any product sold by DURIAN during Sale or at a discounted price, unless explicitly mentioned otherwise at the time of purchase;
- Any damage caused due to accident, any act of god, abuse, any agent like water/acid, etc coming in contact with wooden member/ leather, while shifting/transporting of the product from one place to another, etc;
- Any defect that arises due to the failure of the customer to follow the care instructions provided by DURIAN.
- The repair services for the remaining (4) years will not be applicable to any damage caused to the product resulting from improper installation or assembly by third party, misuse or use of any accessory purchased from third party and applied to the product not in compliance with the intended use.
- Customer shall notify DURIAN of any manufacturing defects in the product/s, as soon as possible and send the product to the authorised DURIAN service centre, at its own cost.
- Upon receiving such product and upon inspection thereof, DURIAN may at its sole discretion reject any product which does not fall under the terms of this policy.
- DURIAN shall not be liable at any stage, for a complete replacement and/or recall of the product sold DURIAN reserves its right to reject any product.
- In order to claim repairs under the warranty period, no alteration or modification should have been made / carried out to the product and that the defective product must be in its original state for DURIAN to honour the request for repair of such product. Any such unauthorised attempt either by the customer or any third party to repair/ dismantle/ alter the product will invalidate this warranty.
Variation due to /natural characteristics of Materials
Wood and leather are natural materials and have their own inherent and distinctive characteristics such as colour, texture, grains, fibre, wrinkles, manure stains and insect bites on leather,etc. Solid wood may react strongly/differently to the changing climate (i.e. cold, warmth and humidity) which could lead to expansion and contraction of wood and cause superficial hairline cracks in it. Likewise, natural stretch in leather upholstery may show crease or fold. DURIAN makes every effort to reduce such natural instances by subjecting the wood and leather through various processes. However, due to their inherent characteristics, complete elimination may not be possible and variations may arise in their colour, texture, grains, dimensions, etc. for which DURIAN shall not be liable.
All our products are made with tolerance of (+/- 10mm) in dimension and size. The seating comfort of a product may differ because of its construction, form, foam, fabric or material used which may have their natural characteristics, etc. Differences in the hardness and/or softness of a seating are normal and do not signify its poor workmanship or defect and DURIAN shall not be liable for the same.
NOTE: Customer hereby agrees that the warranty terms contained hereinabove shall not be construed as any form of “guarantee” on the goods/materials, i.e. DURIAN shall not be liable at any stage, for a complete replacement/recall of goods/materials sold hereunder, and that the liability of DURIAN shall be strictly limited and subject to the Warranty Terms contained hereinabove.
Please pay by A/C payee D.D/Cheque only in favour of "DURIAN INDUSTRIES LTD."
We are committed towards ensuring your satisfaction on each and every product you have ordered from us. We stand behind the quality of our product and we will replace the product free of cost if you are not satisfied with your purchase unless it has non-repairable manufacturing damages/defects, to be determined at the sole discretion of technical experts of “DURIAN”.
Returning A Product
In case you are not satisfied with your purchase, you can always opt for return/exchange or refund within 3 days, from the date of delivery provided that the product is unused and returned in its original condition.
Product damaged or defective:
Damaged – In an unlikely event that any product ordered is not received in good condition, is damaged or is different from what you have ordered, you must notwithstanding your warranty rights, immediately lodge a complaint with Durian Industries ltd on it Customer care helpline at 1800 22 3242 and refuse to accept the delivery. You must also try to contact us immediately, so that, we may assert our rights, if any, vis-à-vis the shipping agent.
Defective - In case a product is received with a manufacturing defect, please contact our Customer care helpline at 1800 22 3242 and we shall resolve the issue at the earliest.
Exclusions in the Return Policy
Installation Issues - Wall mounting installation services are not offered by Durian and therefore, return requests because of the customer’s inability to get the product wall mounted will not be processed.
In the event of the subsequent dismantling of the item for relocation, reassembly, etc, please note that Durian will not be responsible for any damage to the product.
Evaluate and Pick-Up
- Our Customer Support team will connect with you within 24 hours of receiving the complaint if you wish to exchange or return merchandise for refund.
- The product must be in its original brand new condition and in original packaging. Item(s) must be unused and free from damage, soil or stains. No return or exchange will be allowed if the product has been used.
- The return requests are evaluated by the Customer Support team and an expert visit may be scheduled (if required). Please note that the resolution will be provided on basis of the technician’s evaluation report.
- Return pick-up of the product will be scheduled post the evaluation by the technician and your subsequent interaction with our Customer Support team.
- Please retain the original packaging of the product, along with the user manual, warranty slip, and other accessories to ensure a successful pick-up.
- A product scheduled for return pick-up will be picked up by Durian from the original shipping address of the order, within 72 hours of initiation of the return pick-up request.
- If the delivery is refused because the purchased item(s) cannot fit into the home or room(s) by the delivery agents, the customer is responsible for any/all return costs as well as a 25% restocking fee. It is solely the customer’s responsibility to measure the room(s), delivery path prior to purchase/delivery.
- To raise a return request, you should click 2-3 clear photographs of the item in question. Below are the guidelines to follow while taking the photographs.
- 1-2 images should clearly show the entire product and 1-2 images zoomed-in on the damaged/defective area such that the relevant concern is visible.
- The image file size should not exceed 5 MB
- Email invoice copy, product images to [email protected] or call us 1800 22 3242
Customer hereby fully agrees and understands the above-mentioned terms and conditions regarding SALE, WARRANTY POLICY & RETURN POLICY.