LAST REVISION: 3 November 2021

Xalydo.com is a property of Xalydo Furniture Private Limited, an Indian Company registered under the Companies Act, 2013 having its registered office at 435, Sector 47, Gurgaon-122018, Haryana, India.

These terms and conditions of use (“Terms of Use” or “Terms”) of the website www.xalydo.com and instances thereof (“Website”) between XALYDO FURNITURE PRIVATE LIMITED (hereafter referred to as “the company” or “company” or “Xalydo”), a company incorporated under the Companies Act, 2013, (“Company” or “Xalydo” 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.

These Terms and Conditions apply to your use of this website www.xalydo.com, any interactions with the company on any device and on email, 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.

I. USER ELIGIBILITY & OBLIGATIONS

• 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 the Indian Contract Act, 1872.
• It shall be your responsibility to ensure that you are eligible to enter into a contract if you are a resident outside India. If you do not conform to the above qualification, you are not permitted to avail the Services. You represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.
• The Company reserves the right to refuse access to the Services offered at the Website to Users at any time for any reason or without providing any reasons.
• In using this website, you agree that you will not:
  • Omit, delete, forge or misrepresent information.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
  • Engage in any activities intended to withhold or cloak identity or contact information
  • Send harassing and/or threatening messages to Xalydo.
• If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
  • Defame, abuse, harass, threaten, or otherwise violate the legal rights of others;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information through any bookmark, tag, or keyword;
  • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
  • Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
  • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Xalydo server, or to any of the Product and Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Xalydo, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • Collect or store data about other Users.
  • Use any device or software 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;
  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Xalydo or other third parties;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Violate any code of conduct or other guides, which may be applicable to the Website;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms including but not limited to any applicable Additional Terms; and
  • 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.

II. USAGE CONDUCT

• You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
• You shall use this Website for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website.
• Xalydo shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to any unauthorized transaction effected from Your Account for any reason whatsoever.

III. 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, images, sounds and music (if any), artwork, and computer code (collectively, the “Content”) on the Website is owned and controlled by Xalydo 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.
• The design, layout, or look and feel of the Website are protected by intellectual property rights and shall not be copied or imitated in whole or in part. The catalogues of Products and Services or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by Xalydo.
• The trademarks, logos, and service marks displayed on the Website (“Marks”) are the property of Xalydo. You are not permitted to use the Marks without the prior consent of Xalydo.
• Xalydo owns all intellectual property rights to the trademark “Xalydo” and variants thereof, and the domain name, 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.
• Any software that is available on the Website is the property of Xalydo. You shall not use, download or install any software available at the Website, unless otherwise expressly permitted by Xalydo.
• 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 Xalydo.

IV. COMMUNICATION & PROMOTION

• You hereby expressly agree to receive communications and newsletters from Xalydo by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Xalydo at any time by following the procedure set forth in the newsletters.

V. PRODUCT, DELIVERY AND INSTALLATION

• When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
• All information regarding your order such as name, contact number, and address at which delivery of the product ordered by you is to be made must be correct and proper in all respects.
• In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Xalydo.com for redelivery shall be claimed from you.
• You will use the services provided by Xalydo.com, its affiliates, consultants, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
• You will provide authentic and true information in all instances where such information is requested of you. Xalydo.com reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), Xalydo.com has the right in its sole discretion to reject the registration and debar you from using the Services of Xalydo.com and/or other affiliated websites without prior intimation whatsoever.
• You are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
• Before placing an order, you will check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description.
• We have made every effort to display the colors of the products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colors will be accurate.
• Despite maximum possible image accuracy from our side, the image should be considered representative of the product and the actual product might differ from it.
• Xalydo Furniture Private Limited makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
• The timelines mentioned in the quotation are subject to the availability of raw materials and any changes can be made post finalization by the company with due information and consent from the customer.
• For installation, the customer shall be informed about the necessary preparation of the site beforehand and no civil or electrical work will be carried out by the company.
• The company shall not be held liable for any damage caused due to the lack of availability of civil drawings or poor construction quality of the building.
• The company shall not be liable for performing a contractual obligation in case of force majeure, including epidemics, earthquakes, flood fire, or labor strikes, etc.
• A product warranty of 1 year is provided by the company against manufacturing, which does not include wear and tear from normal usage. The warranty shall be considered null and void inf the product is dismantled or re-assembled by any party other than the assigned persons of the company.

VI. PRICING

• Prices for products are described on our Website and are market-perceived prices. All prices are in Indian rupees and may change at Xalydo`s discretion.
• Xalydo strives to make available Products and Services at the best possible prices and terms.
• 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, brochure, promotional material, or any other electronic or hard copy document, Xalydo 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, regardless of whether an order confirmation has been sent or not, and/or any payment has been made or not. If payments have already been made and your order is confirmed, accepted, refused, canceled, or modified in such a case of any incorrect price, or for any other reason, the company will refund any payment or payments you have already made for such item or items will not be shipped due to the non-validity of the purchase order or orders.
• In no event shall the Company be liable to ship the product to the customer at an accurate price or under any adverse business condition that can compromise other business factors. If we discover such errors, they will be corrected on our system using best efforts on the part of the company, and the corrected price or other information will be notified to You and will be applied to your purchase order or orders.
• The prices advertised on this site are for online orders. Prices and the availability of Items are subject to change without notice. Any prices used on this site may not be indicative of the actual selling prices in your area.

VIII. PRIVACY

• Xalydo Furniture Private Limited believes strongly in protecting user privacy. Please refer to Xalydo’s privacy policy, incorporated by reference herein, that is posted on the Website.
• Any information collected from our users will not be sold, shared, or rented to others in ways different from what is disclosed in our privacy policy.

IX. WARRANTIES & LIABILITIES

• This Website and its contents are provided as-is and as available. Xalydo does not provide any statements of facts or warranty, explicit or implicit, in relation to this Website and its content, therein including, merely by way of example, warranties of title or protection from malicious programs (such as viruses, worms, or Trojan horses) or implied warranties of merchantability or fitness for particular purposes, and it expressly declines any statements of facts or warranty.
• Xalydo does not declare or warranty that the information contained on this Website is accurate, complete, or updated, that the website does not contain imperfections and that any imperfections will be corrected.
• By using the Website, you agree to bear all risks associated with that use and to accept full responsibility for any loss of use, loss of data, and costs related to the necessary activities of support and repair of hardware and/or software used in relation to the Website, also agreeing not to hold Xalydo liable in any way for any damage resulting from or caused by the use of this Website or relating to it. Where existing legislation does not allow the exclusion of implied warranties, the cases of warranty exclusion set out above may not apply to you in whole or in part.
• Xalydo cannot be held in any way liable for actual, direct, indirect, special, punitive, accessory, exemplary or consequential damage, or any other type of damage, resulting from the use or impossibility of using the information, products, or material on the Website or in relation to the quality of the same, even where Xalydo has been notified of the possibility that that damage might occur, as a result of legal actions applying contractual, extra-contractual or other principles. Since exclusions or limitations of liability with regard to accessory or emerging damage are not permitted in some countries, those exclusions and limitations may not apply to you in whole or in part.

X. GENERAL

• Xalydo will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
• Xalydo may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
• This Agreement comprises the entire agreement between you and Xalydo and supersedes any prior agreements pertaining to the subject matter contained herein.
• The failure of Xalydo to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
• By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

XI. JURISDICTION

Any dispute with respect to the “Terms and Conditions” and “Privacy Policy” or with the company shall be subject to the laws of India and lie under the jurisdiction of Gurugram, Haryana.

Xalydo.com may at any time update the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Xalydo.com. You should regularly review the Terms & Conditions on Xalydo.com.