This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable 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.
Welcome to www.loomhometextiles.com, a service provided by Shabari International, marketing Home Textiles and furnishings owned by Mr. C.V.Shabaridas, having its main place of business at P.o. Attadappa, Kannur-670006, Kerala, India (herein after referred as Loom Home Textiles.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Loom Home Textiles reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years. If you are registering as a business entity ,you represent that you have the authority to bind the entity to this user agreement .Those who choose to assess this site from out side India are responsible for compliance with local laws if and to the extent local laws are applicable. If you use the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibilities for all activities that occur under your account or pass word. Loom Home Textiles shall not be liable to any person or loss or damages which may arise as a result of any failure by you to protect your password or account.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. When you visit the site or sent email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
The Website is a platform that Users utilize to meet and interact with one another for their transactions. We are not and cannot be a party to or control in any manner any transaction between the Website's Users.
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products. Loom Home Textiles does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. Loom Home Textiles, is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers.
3. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Loom Home Textiles, is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
4. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
5. That in the event that a non- delivery occurs on account of a mistake by you, any extra-cost incurred by Loom Home Textiles, for delivery shall be claimed from you.
6. That the address at which delivery of the products ordered by you is to be maid will be correct and proper in all respect.
7. That before placing an order you will check the products description carefully. By placing an order for a product you agreed to be bound by the conditions of sale included.
1. Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
2. You release and indemnify Loom Home Textiles, and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Membership on the Website is free for buyers. Loom Home Textiles, does not charge any fee for browsing and buying on the Website. Loom Home Textiles, at first sell its products through website, thereafter it will arrange to sell the products of theirs and reserves the right to change its Fee Policy from time to time. The price fixed and notify on the product bases will be charged along with other cost and statutory taxes, wherever applicable.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to Loom Home Textiles to another person and to which You does not have any right to;
(b) is misleading in any way;
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(g) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(h) promotes an illegal or unauthorized copy of another person's copyright.
(i) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(k) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(l) harm minors in any way;
(m) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(n) violates any law for the time being in force;
(o) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(p) shall not be false, inaccurate or misleading;
2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
3. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
4. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
7. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
8. Loom Home Textiles, shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Loom Home Textiles does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
Loom Home Textiles, will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Loom Home Textiles, does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Loom Home Textiles, strives to provide accurate product and pricing information as far as possible and will not confirm the price of a product until after you order. In the event that a product is listed at a incorrect price or with incorrect information due to an error in pricing or product information, Loom Home Textiles, shall have the right at our sole discretion to refuse or cancel any orders placed for that products, unless the products has already been dispatched .In the event that an item is misplaced Loom Home Textiles, may at it discretion, either contact you for instruction or cancel your order and notify you of such cancellation. In the event that Loom Home Textiles, accept your order the same shall be debited your credit card and duly notified to you by email that the payment has been processed .The payment may be processed prior to Loom Home Textiles, dispatch of the products that you have ordered. Prices and availability are subject to change without notice .We reserve the right at our sole discretion to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, errors in pricing information of the products.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s, or
1. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
2. Any payment issues arising out of the transaction, or
3. Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Loom Home Textiles, liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Loom Home Textiles, Website.
2. You have specifically authorized by Loom Home Textiles, to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Loom Home Textiles, is on a principal to principal basis.
3. You understand, accept and agree that the payment facility provided by Loom Home Textiles, is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Loom Home Textiles, Website using the existing authorized banking infrastructure and Credit Card payment gateway networks.
Payment Facility for Buyers
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent notation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Loom Home Textiles, Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same issuing Bank from where Transaction Price was received.
For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refund shall be conditional and shall be with recourse available to Loom Home Textiles, in case of any misuse by Buyer.
Refund shall be subject to Buyer complying with Policies.
Compliance with Laws
1. Buyer and Seller shall comply with all the applicable laws. Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Loom Home Textiles, Website.
Buyer's arrangement with Issuing Bank
1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Governing Law and Jurisdiction
This user agreement shall be construed in accordance with the applicable laws in India. The Court at Kannur (Kerala) shall have exclusive jurisdiction in any proceedings arising out of this agreement .Any dispute or reference either any interpretation or otherwise of any terms of this user agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Loom Home Textiles, and his decision shall be final and binding on the parties hereto. The arbitration shall be in accordance with the provisions contained in the Arbitration and Conciliation Act 1996 as amended from time to time. The arbitration shall be held in Kannur.