PLEASE READ THIS TERMS OF WEBSITE CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.

 

1. APPLICABILITY OF POLICY

These general terms and conditions ("Terms") apply to all offers, sales and purchases of decorative living room lights (“Products”) which are sold by EGLO India Private Limited having its registered office at A-307, Ansal Chambers - I, 3 Bhikaji Cama Place, New Delhi 110066, India (hereinafter referred as “EGLO India” or “We” or “Our” or “Us”) to the purchaser (collectively “You” or “Your”) through its online platform accessible through www.eglo.com/en_in/ “Website”).

In order to purchase the Products on the Website, You may choose to register on the Website or checkout as a guest user. When creating an account, You agree that all of Your registration data will be true and complete, and You will keep Your account information current and up-to-date.

You agree not to allow anybody else to use Your account, including in any way that is meant to circumvent these Terms. You will be responsible for all purchases made and anything else that occurs, through Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please notify Us immediately of any such suspected unauthorized activity on Your account by sending Us an email at info_webshop_in@eglo.com.

2. OFFER AND ACCEPTANCE

Any price, quotation or description of Products provided by EGLO India shall be subject to availability of products and shall not constitute an offer, and may be withdrawn or revised at any time prior to EGLO India’s express acceptance of Your order.

While EGLO India shall make commercially reasonable efforts to ensure that Products displayed are available, EGLO India cannot guarantee that all Products are in stock or immediately available at the time You submit Your order. We reserve the right to reject Your order without any liability, if We are unable to process or fulfil Your order or We cannot meet Your requested delivery date or because of an error in the price on Our Website. In the event of such rejection, We shall refund any advance payment made by You for that Product.

An order submitted by You shall constitute an offer by You to purchase Products on these Terms, and shall be subject to EGLO India’s subsequent acceptance.

An automatic email acknowledgement of Your order may be generated prior to EGLO India’s acceptance of such order. Any such automatic acknowledgement shall not constitute formal acceptance of Your offer.

EGLO India’s acceptance of Your offer and the formation of the contract shall take effect upon EGLO India dispatching Your order and accepting Your selected mode of payment (“Acceptance”). Once order is Accepted, any variation to Your order shall be inapplicable unless agreed in advance in writing by EGLO India.

EGLO India may maintain records of orders received, acknowledgements, acceptances and other contract records for a commercially reasonable period following Acceptance. EGLO India may provide You copies of such records upon written request; however, You shall print copies of all such documents and these Terms and Conditions for Your records.

3. YOUR REPRESENTATIONS & WARRANTIES

You represent and warrant that any information provided by You when placing Your order shall be up-to-date, materially accurate and sufficient for Us to fulfill Your order.

You shall be solely responsible for maintaining and promptly updating Your account information with Us to ensure accuracy and completeness, and for keeping such information (and any passwords provided to You for purchasing Products) secure against unauthorized access.

Unless otherwise agreed in writing between the Parties or required under applicable law, any warranties provided with respect to Products shall extend only to You as an end user and not as a reseller of such Products.

No warranty, commitment or other obligation may be assumed by You on EGLO India’s behalf without EGLO India’s express prior written consent.

EGLO India shall not be liable for any order that is delayed, lost or affected by Your failure to provide up-to-date information or failure to maintain security of Your account information.

4. PRICE & PAYMENT TERMS

All prices are inclusive of applicable taxes, unless otherwise stated. EGLO India reserves the right to change the prices of Products at any time without prior notice. The price applicable to Your order shall be the price displayed at the time of placing Your order. For the avoidance of doubt, unless otherwise stated, prices quoted for Product on the Website are shown per item.

EGLO India accepts payment through net banking only. By submitting Your order, You confirm that You are authorized to use the selected payment method and that You grant Us the right to charge the total amount due, including shipping and handling fees, to Your chosen payment method. EGLO India shall not be liable for any losses incurred or sustained by You, howsoever; caused unless such losses arise as a foreseeable result of EGLO India failing to use reasonable care and skill. You agree, understand, confirm and state that the payment method/net banking details provided by You to transact will be correct, accurate and is owned by You. In the event You use the payment method/net banking belonging to any third party, then, You confirm that You have been authorized to or expressly permitted by such third party to use the payment method/net banking for making payments.

EGLO India will not be liable for any Payment fraud. The liability for use of a card payment method/net banking fraudulently will be on You and the onus to 'prove otherwise' shall be exclusively on the You.

Once Your payment has been successfully processed, You will receive a confirmation email containing the details of Your order and payment. It is Your responsibility to review the confirmation email and notify EGLO India of any discrepancies or errors as soon as possible.

In the event that Your payment is delayed, declined, or otherwise not processed, EGLO India may, at its sole discretion, suspend or cancel Your order. We will notify You of any such issues and may provide You with an opportunity to rectify the problem within a specified timeframe. If the issue is not resolved within the given timeframe, Your order may be cancelled, and any prior payment will be refunded.

EGLO India may, from time to time, offer promotional discounts or other special offers, which may be valid only for the specified duration and may be applied to eligible Products at the sole discretion of EGLO India. Promotional offers and discounts may not be combined unless explicitly stated otherwise.

EGLO India makes every effort to provide accurate pricing information on Our Website. We review all prices as part of Our order processing system, and in the event that the Product’s correct price is lower than that stated on the Website then, We will charge the lower amount and process the order accordingly. In the event that the Product's correct price is higher than that stated on the Website, then We will in Our sole discretion, either contact You for instructions prior to dispatch of Your order or cancel Your order, notify You of such cancellation and refund You any sums that You have paid in advance. Where We have accepted Your order and the pricing error is obvious and unmistakeable and could reasonably have been recognised by You as mispricing, We may refund You any sums that have been paid and require the return of any Products provided to You.

5. DELIVERY AND RISK OF LOSS

Any delivery timescales or dates specified in order acknowledgements, acceptances, or other communications are provided as estimates only. While We endeavour to adhere to these timescales or dates, EGLO India does not guarantee to dispatch Products by a specific date or dates and shall not be held liable for any delays or failure to do so.

Delivery shall be made to a valid address within the Territory provided by You and subject to Acceptance ("Delivery Address"). Delivery of Product(s) shall be deemed to have taken place when they have been delivered to the Delivery Address. You are responsible for verifying the accuracy of the Delivery Address on any acknowledgement or acceptance We provide and notifying Us promptly of any errors or omissions. EGLO India reserves the right to charge You for any additional costs arising from modifications made to the Delivery Address after You have submitted an order.

Except as otherwise stipulated in these Terms, the risk of loss or damage to the Products shall pass to You upon delivery or when the products are placed in Your possession, whichever occurs first. You will own the Product(s) once We have received payment in full.

If no one is available at the Delivery Address to take delivery and the Product(s) cannot be delivered, We will leave You a note informing You of how to rearrange delivery or collect the Product(s) from a local depot. If, after a failed delivery, You do not re-arrange delivery or collect them from a delivery depot, We will contact You for further instructions and may charge You for storage costs and further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery or collection, We may cancel Your order at our sole discretion.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS PROFITS, LOST REVENUE, OR COST OF COVER.

7. INDEMNIFICATION

You shall defend, indemnify and hold harmless EGLO India its owners, affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees (" Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of Your or Your affiliate's or relative's: (a) breach of these Terms, the privacy policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party or EGLO India; or (d) unauthorized, improper, illegal or wrongful use (including by You or by any person, including a third party, whether or not authorized or permitted by You).

8. TRADEMARK AND COPYRIGHT

All trademarks, copyrights, patents, and other intellectual property rights associated with the products, services, and content offered on EGLO India including but not limited to logos, text, images, graphics, designs, and software, are the exclusive property of EGLO India or its licensors and are protected by applicable intellectual property laws. Any unauthorized use of these intellectual property rights is strictly prohibited and may result in legal action.

You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.

Without the prior written consent of EGLO India, modification of the Products or use of the Products for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use of Products for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

For more details, please see Our Trademark and Copyright Policy.

9. NO WARRANTIES

Except as expressly warranted in writing by EGLO India to You with respect to any particular lighting Product, all Products are provided "as is" and "as available" without any warranty or condition, express, implied or statutory. All customers are required to ensure that usage of the Product(s) would subject to electricity codes/installation practices and standards applicable for electrical installations in the respective jurisdiction.

EGLO India specifically disclaims any and all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement with respect to the lighting Products. EGLO India does not warrant that the Products, or any components thereof, will meet Your requirements.

EGLO India does not warrant or make any representations regarding the use or the results of the use, of the Products, or any specifications, information or results contained therein in terms of their correctness, accuracy, reliability, safety, durability or otherwise. No advice or information, whether written or oral, given by EGLO India shall create any warranty.

EGLO India's warranties shall not be enlarged solely because EGLO India has provided technical guidance or assistance in the use of any lighting Product. Any such guidance or assistance shall not give rise to any express or implied warranties.

The images of the Products on Our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that Your computer's display of the colours accurately reflect the colour of the Products. Your Product may vary slightly from those images.

For further details, please see EGLO’s India Disclaimer Policy.

10. PRIVACY

The personal identifiable information provided by You to EGLO India will be treated as strictly confidential and in accordance with the Privacy Policy. For more details, please see Our Privacy Policy.

11. MARKETING AND PROMOTION

By accepting these Terms You also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by You. You explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from Our authorized representatives regarding any new services or offerings, even if Your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018. You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from EGLO India at any time by writing to Us on the below provided contact details.

12. RETURN

Except as expressly set out in Returns Policy, EGLO India shall not be liable and You shall not be entitled to reject any Products.

13. TERMINATION

If You are in breach of any of these Terms or any other policies or You fail to pay any amount by the due date or You commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against You, then without prejudice to any of Our other rights, EGLO India may – a) stop any Products in transit; and/or b) suspend further Product deliveries; and/or by written notice to terminate Your existing or pending order.

14. GOVERNING LAW AND EXCLUSIVE JURISDICTION

These terms shall be governed by the laws of India without regard to its conflict of law principles to the contrary. You will not commence or prosecute any suit, proceeding or claim to enforce the provisions of these Terms, to recover damages for breach of or default of these Terms, or otherwise arising under or by reason of these Terms, other than in courts located in New Delhi.

15. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control.

16. ASSIGNMENT

You may not assign Your rights and obligations under these Terms to anyone. EGLO India may assign its rights and obligations under these Terms in its sole discretion and without advance notice to You.

17. WAIVER

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

18. SEVERABILITY

If any part of this Terms is declared void, voidable, illegal, invalid or unenforceable under the applicable laws, such part shall be severed, and the remainder of these Terms will continue be valid and enforceable.

19. AMENDMENT

EGLO India retains the right to modify this Policy at any time and without prior notice. Your continued purchase of Products from EGLO India following the implementation of any such modifications constitutes Your acceptance of the amended or revised Policy.

20. CONTACT INFORMATION

Email: Please write to EGLO India at info_webshop_in@eglo.com any questions or comments.

Grievance officer: In accordance with Information Technology Act 2000 and rules the name and contact details of the Grievance Officer are provided below:

• Name: Nutan Sah
• Designation: Digital Marketing Manager
• Email: info_webshop_in@eglo.com
• Address: EGLO INDIA PRIVATE LIMITED A-307, Ansal Chambers I, 3 Bhikaji Cama Place, New Delhi 110066