Terms and Condition
The following are the terms and conditions (“Terms”) for use of www.pickomo.com (“Website”), operated by Pickomo Services Private Limited (“Company”), by any user of the Website.
1. Your Account
It is your sole responsibility to maintain the confidentiality of the username and password of your account. In the event your password is lost or mistaken to be stolen, it is your responsibility to inform us of the same immediately. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering and placing an order on the Website.
You agree and understand that the Website is an online platform/ marketplace wherein you can purchase products from different sellers. The Website is only the facilitator and the Company does not own any of the products showcased on the Website. The title of products passes directly from the third party vendors and to you.
4. Access to the Website
The Company commits to provide uninterrupted access to the Website to its users. However, due to maintenance or other unavoidable reasons, the Company reserve the right to take down the Website without any prior notice.
5. Your Obligations
Subject to the compliance with the Terms and the applicable law, the Company grants you non-exclusive, limited privilege to access and use this 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 the Company. You shall refrain from using any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website.
You agree to not reproduce, duplicate, sell, distribute any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may for any commercial purpose without the Company’s express written consent. You also agree not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
In the event, you find anything objectionable or offensive on the Website, you may report such content to us immediately. The Company reserves the right to take down any content after reviewing such reported content.
You agree that you are solely responsible to the Company and any third party for any loss or damages caused to the Company for any breach of the obligations under these Terms.
You understand that you, and not the Company, are responsible for any electronic communications and content sent from your computer or electronic device.
You must not use the website for any fraudulent purpose, criminal offense, unlawful activity.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. Neither the Company nor its officer, directors, employees, partners are liable or responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You.
The Company is not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
We reserve the right to make changes to any terms and conditions, policy, etc., at any point of time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
8. Events beyond our control
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. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
10. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai .
You hereby expressly agree to receive communications and newsletters from the Company. You can unsubscribe/opt out from receiving communications and newsletters.
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. In any event, such 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
13. Exactness not guaranteed
The Company and the third party vendors try to deliver the exact product which is shown on the Website. However, the nature of the furniture products is that each piece of furniture made for you is slightly different from each other. The Company disclaims all guarantees of exactness of the finish or appearance of the final product ordered by the user over and above generally acceptable standards on the same. In case of any material discrepancy, You are required to send photographic evidence of the product within 3 days of the delivery. The Company will take the final judgement regarding replacement or refund.
Offer for Sale
1. Your order on the Website constitutes as an offer to buy the product from the Website. Post placing the order, you will receive a communication from the Company confirming your order. This confirmation does not constitute acceptance of your offer to buy the product. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you
2. Please note that dispatch delivery date provided on the products page is only estimates. We will keep you in informed in case of any delays.
3. We try to keep information about availability of the products on the Website as updated as possible. In the event a product is not available, we will inform you within 4 days of you placing an order.
4. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
5. The Company disclaims all responsibility from unauthorised use of credit cards/debit cards/ payment wallet or internet banking.