Terms and Conditions of Sale & Service (Terms and Conditions)
“HIIH” or H2HShop are a product of House to Homes Interior Products LLP.
“Customer” means the person or legal entity identified in HIIH’s Quotation or Invoice.
“Contract” means a contract for sale by HIIH to the Customer of the products and/or services incorporating the Terms and Conditions
“Order Confirmation” means formal acknowledgement of Product ordered by Customer, sent by HIIH.
“Price” means the price as per HIIH Quotation and Order Confirmation and the latter shall have precedence.
“Product(s)” means the products as described in Order Confirmation and may include HIIH-branded products, third party products and Service Offerings
“Third Party Products” means products other than HIIH-branded.
- Formation of contract
2.1 No Contract shall come into existence until the Customer’s order has been accepted by HIIH by way of confirmation e-mail from HIIH . The Customer warrants that it is buying for its own internal use only and not for re-sale purposes. HIIH reserves the right to refuse or cancel your order if HIIH suspects that the Customer is purchasing for resale.
2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither HIIH’s acknowledgment of a purchase order nor it’s failure to object to conflicting, different, or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof.
- Orders, Price and Payment
3.1 Unless credit terms have been expressly agreed by HIIH, payment for the Products or services including applicable taxes shall be made in full On Order Confirmation of Products or services.
3.2 Customer shall bear all country, provincial, municipal, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes
3.3 Time for payment is of the essence. HIIH reserves the right to charge interest at the rate of 2% per month from the date on which the payment was due till the date of actual receipt of payment.
4.1 HIIH shall deliver the Products to the place of delivery designated by Customer and agreed to by HIIH (“Place of Delivery”).
4.2 Maximum time Taken for products ordered on HIIH is 4 weeks for Dispatch. Delivery details shall be provided within 3 business days of dispatch. HIIH shall not be liable for any delay in delivery of the Products and/or services by our delivery partners.
4.3 HIIH may revise and/or discontinue products at any time without notice as part of HIIH’s policy of on-going product up-date and revision. Revised or updated products will have the functionality,performance & Aesthetics of the Products ordered. The Customer accepts that HIIH’s policy may result in differences between the specification of products delivered to the Customer and the specification of Products ordered. There may be occasions when HIIH confirms orders but learns that it cannot supply the ordered Products, either at all or in the quantities ordered such as when the products no longer are being manufactured or they otherwise become unavailable to HIIH, or when HIIH cannot source materials for the product ordered, or when there is a pricing error etc. In such circumstances, HIIH will contact the Customer to inform them about alternative products that might meet the Customer’s needs. However, if the Customer does not wish to order alternative products, Dell will cancel the order for Products that it cannot supply and will refund your purchase price for those products.
- Acceptance of Products
5.1 Unless the Customer notifies HIIH to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by HIIH.
5.2 New HIIH-branded Products purchased under these Terms and Conditions directly from HIIH by an end-user Customer may be returned by Customer up to 3 business days from the date of the invoice for a replacement, refund or credit of the purchase price. The refund or credit will not include (a) any shipping and handling charges forming part of the purchase price and (b) any Octrio tax amount. Products returned under must be received by HIIH in as-new or as-shipped-by-HIIH condition.
Risk is transferred to the Customer when the Contract Products leave our warehouse/premises, even when delivery is carriage free.
Unloading the delivery is the responsibility of the Customer and must be carried out by the Customer without delay. If the Contract Products are unloaded by the driver or the latter assists with unloading, this is entirely at the risk and expense of the Customer.
The type of packaging used is determined at our own discretion. Simple packaging such as boxes and crates will be charged to the Customer at our currently applicable packaging prices. The Customer shall arrange for disposal of non-returnable packaging at his own expense.
Unless explicitly agreed otherwise, steel pallets for long Contract Products, returnable pallets and ancillary equipment, returnable packaging and other transportation equipment – referred to collectively hereinafter as transportation aids – remain our property and are not for sale. They must be treated with care, marked as our property and may not be used for any purposes other than for storage of the delivered Contract Products. We have the right to require surrender of the transportation aids at any time. The Customer must make the transportation aids available for collection on the date we specify. If they are not surrendered promptly, or if they are surrendered in a damaged condition for which the Customer bears responsibility, we have the right to charge the Customer the current market price for a new transportation aid of the same design unless the Customer is able to prove that we incurred less damages. These amounts are payable immediately, without deductions.
The Customer shall not re-package, re-label or otherwise modify the
original packing or product supplied by us..
6.1 HIIH shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
6.2 To the extent permitted by law and subject to clause 8.6, HIIH’s total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable Products and/or services under the Contract.
6.3 The Customer shall indemnify HIIH and keep HIIH fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
6.4 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by HIIH shall be subject to correction without any liability on the part of HIIH.
6.5 Where under any applicable law, implied conditions and warranties cannot be excluded, HIIH’s liability for breach of such conditions and warranties shall be limited, at HIIH’s option, to:
(a) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products repaired; OR
- Force Majeure
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
- Export Restrictions
Each party, at its own expense, will comply with all applicable laws, orders and regulations of any governmental authority with jurisdiction over its activities in connection with these Terms and Conditions and any Contract. Each party will furnish to the other party any information required to enable the other party to comply with applicable laws and regulations related to the Products. HIIH and Customer acknowledge that Products licensed or sold under any Contract are subject to export control laws and regulations, including those of the countries from which they were supplied and in which they are used and agrees to abide by those laws and regulations. The Products purchased under any Contract may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. The Customer and HIIH agree to comply with all applicable export laws, regulations and orders. In addition, each party agrees to indemnify, defend and hold the other harmless from any claims, demands or causes of action against the other due to the indemnifying party’s violation or alleged violation of the applicable export laws, regulations and orders.
- Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the India and shall be subject to the non-exclusive jurisdiction of the courts of Mumbai, India.
10.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of HIIH. Any such unauthorized assignment shall be deemed null and void.
10.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
10.3 No Waiver. No failure or delay on HIIH’s part in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
10.4 HIIH has the right to change the Terms and Conditions at any time.
10.5 HIIH can at any time, without notice, modify, suspend or terminate operation of or access to its website or to any part thereof; and/ or modify or change its website, or any part thereof; and/o r interrupt operation to perform maintenance, error correction or other changes.
We reserve all ownership rights, patent rights, design rights and copyright in respect of images, drawings, designs, constructions, cost estimates and other documents. This applies also to any documents designated ‘confidential’. Our express written consent is required before such documents may be disclosed to third parties. The Customer expressly acknowledges all intellectual property rights accruing to us.
If we produce tools or arrange to have them produced for orders of the Customer and charge the incurred costs proportionally to the Customer, ownership of said tools and their accessories does not pass to the Customer, nor is the Customer entitled to their surrender. In particular, the tools shall not be delivered to the Customer. In terms of value added tax, payment of tooling costs is for miscellaneous services.
With the exception of monetary claims, the rights of the Customer deriving from the Agreement are non-transferable.
We have the right to communicate data obtained from the Customer on the basis of the business relationship to a credit insurance agency for the purpose of taking out credit insurance.