Terms of offer for Sale

1. Supply Terms

• 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.
• 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.

2. Business

• 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.

3. Product

• 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. 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 protected] at the time of delivery receipt of the Product.
• 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 [email protected].

4. Services

• www.durian.in offers this platform that facilitates sale and purchase of merchandise and services ("Services") by various third party vendors/service providers ("Vendors") to users. The purchase of products and services shall be governed by the Terms of Use.
• 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.

5. Pricing Information

• 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, Durian will have the right to refuse, cancel, modify, or take any action it may consider appropriate to address the error for any orders placed for products listed at the incorrect price.
• In no event shall Company be liable to ship the product to the customer at the inaccurate price or under any adverse business condition that can compromise other business factors.
• The prices advertised on this site are for online orders. Prices and the availability of Items are subject to change without notice.
• 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.
• Durian stores in north east i.e Imphal and Aizwal will charge upto 5% higher prices considering additional freight expenses.

6. Bank Details

While shopping with Durian you agree to provide correct and accurate Credit / Debit card details to the approved payment gateways. You shall not use the Credit / Debit card that is not lawfully owned by you. 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 details. Durian expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your Credit / Debit card.

7. Delivery & Shipping

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, 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.
• 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 at the time of delivery on the ground that access to your desired location is not possible.
• 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.
• Normally we do not charge for Deliveries within our Showroom Territories.
• You cannot change Shipping address after placing the order.
• 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, 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.
• We currently ship to Mumbai, Delhi, Bengaluru, Pune, Ahmedabad, Chennai, Bhubaneswar, Surat, Aurangabad, Chandigarh, Jaipur, Coimbatore.
• Kindly note: any purchases made within 1 week of Diwali, the delivery of the order may be delayed due to the festive season and holidays.

8. Installation/Assembly

• 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. Any damages incurred during activities undertaken by your representative shall be excluded from Warranty norms.

9. Warranty/Claims & Representations

• Our Products: We at DURIAN manufacture and sell sofas, chairs, tables, wardrobes, beds, etc. These products are made from solid wood, leather, marble, glass, plywood, etc.
• Warranty Period: We at DURIAN ensure that all our products are free of any manufacturing defects. However, in the unlikely event that any product is found defective by DURIAN, we offer: Five (5) year repair warranty on Durian furniture against any manufacturing defect, commencing from the date of the Invoice. Out of the said five (5) year warranty period, DURIAN shall provide free repair services for any malfunction or defect within one (1) year from the date of the Invoice. For the remaining four (4) years, DURIAN shall only be liable to provide repair services at the cost of the customer.
• Three (3) year repair warranty against any manufacturing defect, commencing from the date of the Invoice. Out of the said three (3) year warranty period, DURIAN shall provide free repair services within one (1) year from the date of the Invoice. For the remaining two (2) years, DURIAN shall only be liable to provide repair services at the cost of the customer.
• Warranty Exclusions: DURIAN does not provide warranty on Rocking Chair, Bean Bags, Pillows, Decor, Accessories and/or Handles, Shelves of Cabinets, Electrical Components, Bushes, Buffers; any products/part of the products made of Marble, Glass, Stone, Plastic and Fibre; scratches, dents, stains, wrinkles, colour-fading from normal wear and tear; damage caused by usage beyond intended use; any product sold during Sale or at a discounted price; damage caused due to accident, any act of god, abuse; any defect arising from failure of customer to follow care instructions.
• General Terms: Customer shall notify DURIAN of any manufacturing defects as soon as possible. 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. Any unauthorized attempt 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. Solid wood may react strongly to the changing climate which could lead to expansion and contraction of wood and cause superficial hairline cracks in it.
• Tolerance: All our products are made with tolerance of (+/- 10mm) in dimension and size. Differences in the hardness and/or softness of a seating are normal and do not signify its poor workmanship or defect.
• This warranty policy shall be effective from May, 2021 and supersedes any and all previous policy/ies whether in written or oral form.

10. Exchange/Return/Cancellation Policy

Cancellation Policy

• 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.

Return Policy

• Products are sold on a non-return basis and unless damaged, different or incorrectly delivered cannot be returned.
• All returns must receive prior approval of the Company.
• Unless damaged, faulty or incorrectly delivered, a re-stocking fee of 15% applies to all Goods returned.
• Eligibility of Return – Damaged: In an unlikely event that any product ordered is not received in good condition and is damaged beyond repair. Difference: In case the item delivered to you is different from the original item ordered (wrong SKU).
• Not Eligible for Return – Relocation: In the event of the subsequent dismantling of the item for relocation, reassembly, etc., Durian will not be responsible for any damage. Self-Assembly: In the event that the customer installs the product by own self or using an unauthorised 3rd party vendor.
• Process: When trying to return a product, for Company Installed Products – at the time of delivery the customer must make a video of the damaged/different product in the presence of Durian Technician. For DIY products – at the time of delivery the customer must make a video unboxing the product from the original package.
• Submit the Video/Images and Invoice Details on [email protected] or call us on 1800223242.
• After your ticket ID is being created it will go in evaluation process, this process will take 7 working days.
• All the returns will be processed solely on discretion of Durian Industries ltd.
• Variations due to natural characteristics of Material: Wood and leather are natural materials. Complete elimination of colour, texture, grain variations may not be possible and DURIAN shall not be liable.
• Tolerance: All our products are made with tolerance of (+/- 10mm) in dimension and size. If the delivery is refused because the purchased item(s) cannot fit into the home or room(s), the customer is responsible for any/all return costs as well as a 25% restocking fee.
• Customer hereby fully agrees and understands the above-mentioned terms and conditions regarding SALE, WARRANTY POLICY & RETURN POLICY.
• If a rare product is specially ordered for a customer, the product may have to be ordered on a no-return/refund basis.

11. Indemnity & Liability

• 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 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.

12. Governing Law

• 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 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.

13. Promotion/Offer/Sale

• 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.
• 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.

14. Terms of Sale of Wink Mattress

I. TERMS OF SALE OF WINK MATTRESSES

Payments: In case of making any online purchase (for a purchase below or equal to Rs. 62,500/-) for the Wink Mattresses, a minimum amount of 20% of the Sale Price is required to be made at the time of placing the order. The balance amount (80%) can be paid via Cash On Delivery (COD) or payment by credit/debit card on delivery. In the event the order value exceeds Rs. 62,500/-, full payment is required at the time of placing the order.

In case of any purchase through Durian stores or any authorized retailer, an order shall be booked only on the receipt of a minimum advance of 25% of the Sale Price. The balance payment of 75% shall be made prior to 2 days before the "Date of Delivery".

Order Execution: A minimum four to five (4/5) working days time shall be reserved by Durian to execute the order. An order booked once, cannot be cancelled. In case of any cancellations, DURIAN reserves the right to retain any advance payment of 25% as Liquidated damages. The Wink Mattress once delivered cannot be replaced or taken back under any circumstances.

II. WARRANTY: Durian shall provide a ten (10) year term of Warranty on the Wink Mattresses, commencing from the date of the Invoice. This Warranty is limited to material defects resulting from defective materials or workmanship.

Warranty up to 1 year: Starting from the date of delivery, up to a period of 1 year, the Wink Mattress will be replaced by Durian, if there is a reduction in the thickness of greater than 10% of the Wink Mattress.

Warranty after 1 year: After expiry of 1 year from the date of delivery no Wink Mattress will be exchanged. However, Durian shall take back the Wink Mattress and pay the Depreciated Value of the Mattress on a pro-rata basis.

III. EXCEPTIONS: This warranty will not be applicable on any normal wear and tear of the outer cover and stitching issues arising from regular use. Warranty excludes: minor imperfections and slight cosmetic flaws; stains, soiling, burns, and discoloration; dampness or mold; individual preferences relating to firmness, texture, comfort. Warranty does not cover conditions resulting from abusive handling, misuse, or neglect.

IV. How to make a claim: Please send a brief written description and photo of the problem and a proof of purchase to Durian at [email protected] within the Warranty Period.

V. Claim handling procedure: After receipt of your complaint, the technical team of Durian will physically inspect the mattress prior to accepting a particular claim under this Warranty.

VI. LIMITATION OF LIABILITY: IN NO EVENT WILL DURIAN BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR PURCHASE AND USE OF THE WINK MATTRESS.

VII. Governing law: In respect of any Dispute arising under this Mattress Warranty, the Courts in India (Mumbai) shall have exclusive jurisdiction.

15. 100 Nights Free Trial On Mattress

Terms & Conditions apply. Read more about the 100 Nights Free Trial on Mattress policy.

16. Exchange Offers

Exchange Offer – Frequently Asked Questions (FAQs)

• What is the Exchange Offer? The Exchange Offer allows you to bring in your old furniture and receive a direct discount on selected new products under our ongoing promotion.
• Which products are eligible for the Exchange Offer? The offer is applicable only on selected products as specified by the company during the promotional period. Promotional and heavily discounted products may not be eligible.
• How is the exchange value calculated? The Exchange Offer provides a fixed promotional discount on your new purchase. No separate cash value is assigned to your old product.
• Can I combine the Exchange Offer with other discounts or EMI? No. The Exchange Offer cannot be combined with additional discounts. EMI options may not be available on purchases made under this offer.
• What kind of old furniture can I exchange? You may exchange furniture that is in movable and reasonably acceptable condition. Products with minor damages, scratches, wear and tear may be considered. However, severely damaged, infested, or unsafe products may be rejected at the time of inspection.
• Who decides if my product is eligible for exchange? Final eligibility is subject to physical verification at the time of pickup. The company reserves the right to accept or reject the product based on its condition.
• What happens during pickup? The old product must be available at your delivery address. The product should be dismantled (if required) and ready for collection. Pickup will be scheduled within the timeline communicated by our team. Final approval is subject to physical inspection during pickup.
• What if my product is rejected at pickup? If the product does not meet the required eligibility or condition criteria, the exchange discount may be revised or cancelled. In such cases, the customer will be required to pay the applicable difference.
• Can I get cash for my old furniture? No. The Exchange Offer provides a promotional discount only. No cash payment or credit will be given for the old product.
• Can I claim my old product back after handover? No. Once the old product has been handed over and collected, it cannot be reclaimed under any circumstances.
• What happens if I cancel my new order? The exchange discount is a promotional benefit and is not refundable in cash. Any refunds or cancellations will be processed as per the company's standard sales policy.
• Can the company modify the Exchange Offer? Yes. The company reserves the right to modify, suspend, or withdraw the offer at any time without prior notice.
• How do I confirm my acceptance of the terms? By availing the Exchange Offer, you confirm that you have read and agreed to the Terms & Conditions of the promotion.