Terms of service

ECOLOOM.CO
(A UNIT OF ECRU AND BAY TRADING PRIVATE LIMITED)
TERMS AND CONDITIONS

GENERAL
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.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by registering yourself using the computer systems. We also allow the User, subject to these terms and conditions and our Privacy Policy, to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Ecoloom.
The domain name www.ecoloom.co (hereinafter referred to as "Website") is registered in India and is hereinafter referred to as "Ecoloom". We are a part of our parent entity M/s Ecru and Bay Trading Private Limited and we bring with us the same ethos and principles that are associated with our parent entity.
The use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations, with Us.
This is a legal and binding agreement between you, the user ("User" or "You") of the services, and Ecoloom stating the terms that govern Your use of the Site, as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at www.ecoloom.co AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORISED.
When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

MEMBERSHIP ELIGIBILITY
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. We 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.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, We may ask you to create a password which shall be unique to your account and You shall be responsible for maintaining the confidentiality of your display name and password and You shall be responsible for all activities that occur under your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

COMMUNICATIONS
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. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website is a platform for transaction of business wherein the products are displayed along with relevant information about the products and You can purchase the products by making a payment. Payment shall include the shipProducts include the finest quality in handwoven Maheshwari crafts.

TRANSACTION AND PLACING AN ORDER
All commercial/contractual terms are between You and Us. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
Whilst we take all reasonable care that products listed on our Website is available at all times, it may happen that though the product is listed on our Website but it may be out of stock and we shall not be able to process the request. In such events, we shall ensure that we refund the amount paid by You to Us according to the terms and conditions mentioned below in the refunds section.
We reserve the right the cancel any order that has been placed on the Website and We shall refund the amount that has been paid to Us.

RETURNS, EXCHANGES AND REFUNDS
We take great pride is what we sell but in an unlikely event that you don’t like our product, we are happy to process an exchange for you. The product shall be sent back to us within 7 working days of the receipt of the product to you. Exchange is initiated once we receive the product to our office, the address of which is mentioned in the notices section. The product returned to us should be in its original form and packing and there shall be no wear and tear with the product and the tagging should be intact. We shall not process any return or exchanges for any product that was used, torn or when the tags were removed. All costs related to shipping and transport for return of products shall be borne solely by You and such costs are non-refundable.
We do not offer refunds unless the product that we have sent is a faulty product. Products can be exchanged in case of genuine manufacturing defects; slight imperfections are part of unique charm of handwoven products and is acceptable.
Variation of colour is a standard norm of online marketing and sales. There could be a variation in the colour of the product which is seen on the Website versus the real product. Such variation is deemed acceptable and no refunds shall be processed or entertained on such grounds.
For any returns, you shall send us an email at info@ecoloom.co within 24 hours of the receipt of the product. No other mode of communication is accepted, including but not limited to communication by social media including Facebook, Instagram, etc.
No returns are possible for Products purchased under special request of attached fall, picot, stitched or cut blouse cannot be exchanged.
Cancellations of orders are not accepted unless done within 12 hours of making the purchase. Post that no orders shall be cancelled or refunds made or claimed.
We reserve the right to refuse any exchange requests made if any of the above points are not met.

SHIPPING AND DELIVERY
Shipping costs are over and above the price of the product and is solely borne by You. Unless otherwise mentioned, the shipping charges for domestic and international couriers are INR 150/- and INR 1,500/- per product. If your address is out of delivery area, please send us an email at info@ecoloom.co and we shall be able to communicate to you the timeframe and courier charges for delivery at such locations.
All orders shall take 3-5 working days for metro cities and 5-7 working days for non metro cities. It shall take approximately 7 working days for out of India deliveries. Any extra charges, including but not limited to import and export duties, custom charges etc, shall be borne by the buyer and shall be paid in advance to us.
Deliveries for remote locations may take more time than what is mentioned here. Extra courier charges shall apply for such deliveries which shall be at the discretion of the courier companies. We do not decide on the courier charges as they are directly determined by the courier companies. All couriers shall be done by our delivery partners BlueDart, DTDC, FedEx and DHL.
You may opt for transit insurance for your product which is chargeable at 2% of the product value plus any applicable taxes. This shall make you eligible in claiming compensation for products that have been lost or damaged. All such claims shall be taken up with the insurance provider and we shall not accept any responsibility or liability for any loss of product. Insurance shall be a separate relationship between you and the insurance provider and we shall not be responsible for any acts or omission by the insurance provider.

INDEMNIFICATION AND LIMITATION OF LIABILITY
You shall indemnify and hold Us, our subsidiaries, affiliates and Our respective officers, directors, agents and employees, harmless from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Us and/or Our affiliates and/or any of Our officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.
You agree to indemnify, defend and hold harmless Ecoloom, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
Ecoloom may notify You of any claims which You shall be liable to indemnify Ecoloom against. You will then be required to consult with Ecoloom regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Ecoloom without the express prior written consent of Ecoloom which can be withheld or denied or conditioned by Ecoloom in its sole discretion.
Notwithstanding anything to contrary in any and all agreements, Ecoloom’s entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the value of that specific product, if any, paid by You to Ecoloom under the relevant order to which the cause of action for the liability relates.
Notwithstanding anything to contrary in the Agreement(s), in no event shall Ecoloom, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Ecoloo, has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

USE OF THE WEBSITE AND YOUR CONDUCT
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
You shall not display, upload, publish, transmit, update or share any information which:
belongs to another person and to which You does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
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;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without Our prior written consent;
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harm minors in any way;
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;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, 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.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes Our rights or of others.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations. 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.
Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
It is possible that other users (including unauthorised users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorised uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

CONTENTS AND REVIEWS POSTED ON SITE
Users of the Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. We reserve the right (but not the obligation) to remove, refuse, delete or edit any content that in Our sole judgement violates these terms and conditions of use and, or terminate your permission to access or use Our Website.

PRIVACY
We view protection of Your privacy as a very important principle. We understand clearly that You and Your personal information is one of Our most important assets. We store and process your information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to your information being transferred or used in this way please do not use Website.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our services, to comply with our legal obligations, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates may share some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organisation, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

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, We do 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.
We 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. we do 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.

PAYMENTS
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 authorisation for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between "Bank/s", or
Any payment issues arising out of the transaction, or
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. The Website may not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

COOKIE POLICY:
We may make use of something known as cross-device tracking in order to optimise our services and marketing activities. This may be done with or without the use of cookies. With cross-device tracking, We are able to track user behaviour across multiple devices. As part of cross-device tracking, We may combine data collected from a particular browser or mobile device with another computer or device linked to the computer or device from which the data was collected. By using our Website, you hereby consent to our cookie policy.

BUYER'S ARRANGEMENT WITH ISSUING BANK:
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.
All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports 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.
We shall not be liable for any problems including but not limited to payment failures, refund issues that the Buyer or the Seller may face in the event of any transaction not going through.

INTELLECTUAL PROPERTY RIGHTS
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Us or our licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. We reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Ecoloom or our vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Ecoloom, the vendor/seller or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Ecoloom owns all intellectual property rights to and into the trademark "Ecoloom", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Ecoloom or thirty party owner of such Content.
Unless otherwise listed, the intellectual property right over the products are vested with the makers of the products.

APPLICABLE LAW
These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

SUBSCRIPTION POLICY
You can subscribe to our services, including but not limited to subscription newsletter, intimation of offers, product description. By agreeing to our subscription policy, you hereby provide your consent to us for providing marketing related information to you.

PRODUCT DESCRIPTION
We do not warrant that product description or the product displayed or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. You herby indemnify us from any liability arising due to acts or omissions caused due to any product description on Our Website.

NOTICES
For any issues, we can be contacted at info@ecoloom.co.

DISPUTE RESOLUTION
Any dispute or claim between the Parties arising out of this Agreement shall be settled amicably and failing to which, the dispute shall be referred for arbitration according to the Arbitration and Conciliation Act 1996. There shall be three arbitrators, each party appoints one arbitrator and the third arbitrator is appointed by the two appointed arbitrator. The seat of arbitration shall be New Delhi.

FORCE MAJEURE
A force majeure event means an event beyond the control of Us, which would prevent Us from complying with any of its obligations under these Term of Use, including but not limited to:
act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
rebellion, revolution, insurrection, or military or usurped power, or civil war;
contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
acts or threats of terrorism.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control.
CONTACT US
For any queries and information, we can be contacted at our registered address or by email to info@ecoloom.co

SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
RELATIONSHIP BETWEEN THE PARTIES
These terms and conditions of use does not constitute any relationship between the parties, including but not limited to joint venture, employer-employee relationship or of any partnership or of any other relationship except that which is mentioned here. You agree not to hold yourself out as a representative, agent or employee of Us, and We shall not be liable for any representation, act, or omission by you to the contrary .