Terms of Use

1. The Terms

These terms and conditions of use ("Terms of Use" or "Terms") of the website www.durian.in and instances thereof ("Website") between DURIAN INDUSTRIES LIMITED, a company incorporated under the Companies Act, 1956, ("Company" or "Durian" and its successors and assigns) and the users of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which the Company offers You access to the Website.

PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME

This website is owned and operated by Durian Industries limited. Registered Office located at 401, The summit, Hanuman Road, Off western Express Highway, Vile Parle (East), Mumbai-400057, Maharashtra, India.

• www.durian.in is an e-commerce portal under the laws of India.
• These Terms and Conditions apply to your use of this website www.durian.in and you agree to accept and bound by these Terms and Conditions by accessing the website and/or placing an order of purchase of furniture.
• This document constitutes an "electronic record" under the provisions of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. Copyright & Trademark

• All rights, including copyright, in this website are owned by or licensed to Durian Industries Limited. Durian reserves the right to change these Terms & Conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
• Durian Names and Logos and all related merchandise and service names, Design marks and Slogans are the trademarks or service marks of Durian Industries Ltd.
• Durian also has the exclusive copyright in the designs of furniture manufactured and sold by it.
• Any person illegally or unauthorisedly using the trade mark or any other mark which may be deceptively similar to the trade mark or any other intellectual property owned by it shall be proceeded with in accordance with law and such legal action may entail criminal and/or civil proceedings in the competent courts.

3. 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.

4. Your Obligation & Eligibility

• Services are not available to minors (persons under 18 years of age). You shall use the website only if you are competent to enter into a legally binding contract under the provisions of Indian contract Act, 1872.
• It shall be your responsibility to ensure that you are eligible to enter into a contract if you are resident outside India. If you do not conform to the above qualification, you are not permitted to avail of the Services.
• The Company reserves the right to refuse access to 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.
• As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'.
• You agree that in no event shall Durian Industries Ltd be liable for any direct, indirect, Incidental, special or consequential damages arising out of or in any way connected with the use of the website.
• You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Durian Industries limited.
• In using the website you agree that you will not omit, delete, forge or misrepresent information; impersonate any person or entity; engage in any activities intended to withhold or cloak identity or contact information; send harassing and/or threatening messages to Durian; or post excessive responses to interactive features or functions of this Site.
• You agree that you are responsible for your own communication and that you will not post, disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; that you do not have the right to disseminate or transmit under law; that contains personally identifiable information belonging to minors; or posts any worm, viruses or other harmful, disruptive or destructive files, code or programs on the website.

5. Your Account & Registrations

• If you are registering with Durian you will be 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 recognize that your Registered Data is for the purpose of processing your online purchase order and for providing ancillary services or products that may be offered by Durian from time to time.
• You acknowledge that Durian may contact you via email or other means for your order or changes or alterations to the order or for promotional purposes.
• The Shopping coupon you receive in your mail can be used at the Checkout page. The coupon code is for 10% off on home furniture only. Minimum order value is Rs.7000. Offer valid on subscription only.

6. Usage Conduct

• To access, use and transact on this Website you should have access to computer equipments and Internet connections.
• Durian hereby grants You a non-exclusive, freely revocable non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions: You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter product catalogues or any other materials available on the Website; You may not remove any text, copyright or other proprietary notices contained in the product catalogues.
• Any software that is available on the Website is the property of Durian. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by Durian.

7. Online Order & Payment

All products and prices are subject to availability. Prices are listed in INR and subject to change without notice. All orders will be initiated only after 100% payment.

• You accept that upon ordering furniture online from the website you are deemed to have placed an order with Durian for purchase of the specified furniture. The website Secure Server Software (SSL) technology will encrypt all registered data, including your name, address, credit/charge/debit card details and telephone numbers and ensure 100% safety in the online transactions you make on the website.
• During the process of purchase on the website, you will be appropriately guided through various stages from choosing your furniture to confirmation of your payment and furniture item.
• Durian reserves the right to refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion.

8. Pricing

• 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, 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.
• 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.

9. Disclaimer

• The user may carefully read all the information on products and services as provided in relevant sections. By using any of our services you agree that you have read, understood and are bound by the Terms & conditions of Durian Industries Limited.
• By visiting the Durian Industries Limited website, visitors are to be aware that all pictures and text on the website which may include perpetually any content displayed, is the property of Durian Industries Limited.
• The product specifications (weight, size, color, etc) mentioned with the product photos are only approximate. There may be a little bit variation in the pictures and the respective products.
• While Durian Industries Limited makes every effort to ensure content accuracy on its website, visitors are to be advised that delays between cost updates and website changes, stock availability and other technical and managerial issues may cause information to be temporarily inaccurate.
• In certain places, the Durian Industries Limited website may contain links to external or third party websites. Durian Industries Limited assumed no responsibility with regards the content displayed on such sites. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Mumbai (India) only.
• By accessing the website you agree that in no event shall Durian Industries Ltd be liable for any direct, indirect, Incidental, special or consequential damages arising out of or in any way connected with the use of the website.
• Durian Industries Ltd reserves the right to make changes to the site, related policies and agreements, Terms & conditions, Privacy Policy at any time.

10. Force Majeure

No Party shall be deemed to be in default if performance of the obligations required by this terms and conditions is delayed or becomes impossible because of any act of God, War, Fire, Strike or other labour disturbances, technological or civil commotion or disruption, riots, epidemic, acts of Government, its agencies or officers, or any other legitimate cause which is not due to any act or omission of the Parties, beyond the control of the Parties and not being due to lack of funds or financing ("Force Majeure Events").

11. Governing Law

• 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.

12. Communications

You hereby agree to receive messages and newsletters from Durian by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Durian at anytime by following the procedure set forth in the Website.

13. Indemnity

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.

14. Violation of the Terms of Use

• If you violate the Terms & Conditions laid down, Durian holds the right to terminate your access to the Website.
• Violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Durian, for which monetary damages is likely to be inadequate, and You consent to Durian obtaining any injunctive or equitable relief that Durian deems necessary or appropriate.
• Durian will also be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Durian.

15. Termination of Terms & Conditions

• The Terms will continue to apply until terminated by Durian as set forth. If you do not accept these Terms & Conditions you may choose not to access the Website or close Your accounts (if any).
• Durian shall not be liable to you or any third party for any such termination.
• Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
• Durian may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if: You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You; the provision of the Services to you is, or becomes, unlawful or pursuant by Law; or the provision of the Services to you remains, no longer commercially viable.
• Durian discontinues, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You.
• Restrict access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof.
• Deletion of your materials and / or Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with you or inside your Account (or any part thereof).

16. Note

• All notices from Durian will be served by general notification on the Website. Any notice to be provided to Durian pursuant to the Terms should be sent to [email protected]
• 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.
• Any failure by Durian to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
• Any feedback you provide to Durian shall be deemed to be non-confidential and Durian shall not be under any obligation of confidentiality, express or implied.
• 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.

17. Color Disclaimer

• Actual colors may vary. This is due to the fact that every computer monitor has a different capability to display colors and that everyone sees these colors differently. We try to edit our photos to show the samples as life-like as possible, but please understand the actual color may vary slightly from your monitor. We cannot guarantee that the color you see accurately portrays the true color of the product. For further information kindly contact us on 18002093242