This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record does not require any physical or digital signature. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms and Conditions for access and usage of Lotus Homespace.
Lotus Homespace, henceforth herein referred to as “lotushomespace.com,” is an internet-based retail/wholesale and e-commerce portal under the laws of India. The website is fully owned and operated by Dolphin Bean Bags, a proprietary firm having its address at H.No. 4147/90/A Jagruti Nagar, Tathagat Chowk Jaripatka Ring Road Nagpur, Maharashtra – 440014. Your access and use of services, tools, and your willful participation in offers and schemes are governed by the following terms and conditions as applicable to the website, subject to your acceptance of and compliance with these terms and conditions.
These Terms and Conditions shall be effective and binding on registered users as well as guest users upon your acceptance of the following terms and conditions, rules & regulations, privacy policies, and return policies. Lotus Homespace may amend these Terms and Conditions and/or Rules and Policies as and when required and necessary as per amended laws of India.
Rules & Regulations
Membership Eligibility
Lotus Homespace Terms and Conditions for acceptance are available to persons eligible to enter into contracts under The Indian Contracts Act, 1872. According to The Indian Contract Act, 1872, persons who are minors, lunatics, of unsound mind, or insolvents are incompetent and restricted from entering into any type of contracts. The minimum age to enter into any contract is 18 years or above, or a legal guardian/parent of the minor shall register as a user on behalf of the minor. If it is discovered or brought to Lotus Homespace’s notice that you are under the age of 18 years, Lotus Homespace reserves the right to cancel and terminate your existing membership. No membership will be granted if you are registering as a business entity or representing a company unless you provide documentary proof or evidence of your authorization by the business entity to accept these Terms and Conditions and are authorized to bind that business entity to these Terms and Conditions.
Account and Registration Obligations
Upon acceptance of these Terms and Conditions as a user, you will be fully liable for the confidentiality and safety of your created user ID and password. As a Guest User, you will be fully liable for the confidentiality and safety of your email ID and phone/cell number. It is your responsibility to restrict access to your computer and computer system/network. You agree to take full responsibility for all activities that may occur under your user ID, password, email ID, and phone/cell number, as applicable. You agree to provide true, accurate, current, and complete information about yourself, such as name, address, age, gender, contact number, etc., whenever prompted by Lotus Homespace. It is suggested by Lotus Homespace that you provide a full and complete address with the proper pin code of the state to avoid returns and penalty charges. Note that courier companies charge penalties for incorrect shipping addresses where the address or pin code does not match. Such charges and penalties will be paid by you and not Lotus Homespace to the courier company. You agree that charges for re-shipment of the same order will be payable by you. Rectification/change of address will only be allowed before dispatch of your order. Once your order is dispatched, rectification/change of address will not be granted. Lotus Homespace will not be responsible for postal delays resulting from incomplete addresses. If you provide any information that is untrue, incomplete, inaccurate, or misrepresented, Lotus Homespace reserves the right to terminate or block your access to the website and cancel these Terms and Conditions as well as your membership.
Electronic Communications
You agree to receive communications via electronic methods from Lotus Homespace periodically and as required. You also agree and understand that the mode of communication will be through electronic records.
Services and Fees Structure
There are no fees charged for membership and to access the website. Lotus Homespace reserves the right to charge fees on several additional services and may, at its discretion, introduce new services or modify all the existing services offered on the website. You agree and shall make the payments of these invoices in the name of Lotus Homespace. Your payment to Lotus Homespace with full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards Lotus Homespace regarding payment against raised invoices.
You agree and shall be responsible for all applicable laws in India to make payments to Lotus Homespace, including those members residing in India as well as members residing outside the territory of India. The website provides various types of services through the website which enables users to purchase original products of Dolphin Bean Bags. Products can be purchased from the website through various steps/methods of payment available with the website. The personal details provided by you to enable/access payment facilities available shall solely be at your own discretion and at your own risk. For the safety and protection of your personal details, all required precautions have been taken, but no indemnity or surety is given to registered users or guests for any type of data leakage due to any mishap which is not in our control. Products once sold shall be governed by specific policies such as return/replace/cancellation policy.
Privacy Policies
The User hereby, on acceptance of these Terms and Conditions, agrees that they have read and understood the privacy policies of the website and that the terms of the policy and content are acceptable to the User.
Taxes
You agree to bear any and all applicable taxes, charges, cesses, octroi, etc. levied thereon and also agree to pay all fees associated with the use and access of the website. Tax rules vary from place to place. Custom taxes/charges and import taxes are not included in our ordering process. Such types of taxes may be charged by your government. Dolphin Bean Bags does not have any control over such types of taxes. You agree as an international customer that you will be fully responsible and liable for any customs or duty fees levied by your country. They are entirely your responsibility. You also agree and understand that you may be charged additional service charges over and above custom duty on a case-to-case basis by the courier companies, and such costs/charges will be payable by you only.
Restrictions to the User
On acceptance of these Terms and Conditions, the user promises and undertakes not to download, modify, copy, hack, distribute, transmit, display, perform, reproduce, publish, sell, or re-sell anything obtained from the website. The User is strictly restricted from copying any of the patterns or designs of the products or trying to re-sell the purchased products from the website. The User understands and agrees that copying designs and patterns of the products of the website, as well as products tagged in the name of Dolphin Bean Bags or its other various brands for manufacturing unlimited production or for wholesale, is strictly prohibited and may lead to various legal civil and criminal proceedings for which the User will be fully liable for the costs of such legal proceedings.
General Rules
On acceptance, you agree and undertake to use the website and the services provided by the website to post and upload comments, messages, and material that are proper and beneficial to the website. You also undertake that when using a service, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
- Upload files that contain software or other material protected by intellectual property laws or copy any of the coding of the website or try to hack and manipulate the website unless you own or have the control or have been given rights and powers or all necessary consents required from the authorized person of the website;
- Upload or mail any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or other computer or device, server, etc.;
- Conduct or forward surveys, contests, schemes, or chain letters, emails;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
- Violate any applicable laws or regulations for the time being in force in or outside India;
- Violate, abuse, unethically manipulate, or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the website contained elsewhere.
Disclaimer for Product Exactness Not Guaranteed
The product/s ordered by the user has no assurance and is disclaimed by Lotus Homespace of exactness as to the finish and appearance of the final product. Lotus Homespace also disclaims the quality of any product, services, information, or other material purchased or obtained by you through the website may not meet your expectations. Lotus Homespace informs you that certain aspects of your order, such as the merchandise brands, Lotus Homespace in-house brands, size, color, etc., may be required due to limitations caused by the availability of product differences in size charts of respective brands. The product color shades displayed across the range of fabric and accessories may slightly differ/vary from the actual color. This may happen due to multiple settings in your monitor or viewing device (laptop/mobile/tab, etc.), or the impact of our digital photo shoots. We request you to consider these minor variations. In case of no availability of the product, a request for change shall be given, and within 12 days of non-acceptance of product alteration, you retain the right to reject, and your order will be canceled, and you will be fully refunded via any method as available and convenient to Dolphin Bean Bags.
Intellectual Property Rights
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Dolphin Bean Bags owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title, name, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, and inventions, in-house brand names, goodwill, source code, meta tags, database, text, content graphics, icons, and hyperlinks. On acceptance, you agree that you shall not use, reproduce, or distribute any content belonging/from the website without obtaining authorization from Dolphin Bean Bags.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any services, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit, or store when making use of various services.
c) However, with regard to the product customization service other than blogs and forums, you expressly agree that by uploading and posting content on the website for public viewing and reproduction/use of your content by third-party users, you accept the user whereby you grant a non-exclusive license for the use of the same.
d) On acceptance, you give a guarantee and certify that you are responsible for the content and products which you submit or are authorized to use the content/products, and that the contents/products do not infringe upon the property rights and intellectual property rights or other legal rights of others. You also give a guarantee and certify that, to your knowledge, no action, suit, proceedings, or investigation has been instituted or threatened relating to the content/products, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the services rendered by the website.
Links to Third Party Sites
The website may contain different links to other websites (“Linked Websites”). The linked sites are not under the control of Lotus Homespace. Lotus Homespace is not responsible for the content of any linked site, including, without limitation, any link contained in a linked site, or any changes or updates to a linked site. Lotus Homespace will not be responsible for any type of transmission, whatsoever, received by you from any linked website. There is no endorsement or any association with linked websites or with their owners or operators, legal heirs, authorized signatories, etc. Lotus Homespace is only providing these linked websites to you for your convenience and also advises and requests the user to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability
You agree that all information given on the website is true and correct, but Lotus Homespace neither warrants nor makes any representation regarding the quality of the product, accuracy, or completeness of any data, information, product, or service. Lotus Homespace will not be liable for any direct/indirect, punitive, incidental, special, consequential damages, or any other damages resulting from:
- The use or inability to use the services or product;
- Unauthorized access to or alteration of the user’s transmission data;
- Any other matter relating to services;
In any case or situation, Lotus Homespace will not be liable or responsible for delays in delivering the product or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through or during usage of the website, whether based on contract, tort, specific relief, negligence, strict liability, or otherwise. Lotus Homespace also notifies the user that the website may not be available during maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Dolphin Bean Bags’ control. On acceptance of this agreement, the user also understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done at their own discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Indemnification
You agree to indemnify, defend, and hold harmless Lotus Homespace from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Lotus Homespace that arise out of any restricted activity performed by you, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by you pursuant to these Terms. You also agree to indemnify Lotus Homespace in all types of cases and situations related to payments, taxes, octroi, penalty charges for providing a wrong address by the shipping company, and any losses/penalties/settlement amounts occurring by your acts.
Pricing
Prices of all products are described by Lotus Homespace and are incorporated into these Terms by reference. Prices, products, and services may change at Lotus Homespace’s discretion.
Shipping
a) Title and risk of loss for all products ordered by you shall pass on to you upon shipment facility available with Lotus Homespace.
b) If two or more items are ordered, you may receive them in multiple boxes on different days, because of varying item availability and shipping locations.
c) For transit safety purposes, products may be shipped separately.
d) It is suggested by Lotus Homespace that you provide a full and complete address with the proper pin code of the state to avoid returns and penalty charges. Note that courier companies charge penalties for incorrect shipping addresses where the address or pin code does not match. Such charges and penalties will be paid by you and not Dolphin Bean Bags to the courier company.
e) You agree that charges for re-shipment of the same order will be payable by you.
f) Rectification/change of address will only be allowed before dispatch of your order. Once your order is dispatched, rectification/change of address will not be granted.
g) Lotus Homespace will not be responsible for postal delays resulting from incomplete addresses.
h) If the courier company fails to deliver, you do not suffer any loss.
i) You agree that you solely will be responsible, and in no way will Lotus Homespace be responsible for lost or stolen packages or any full or partial or direct or indirect damages to the package after being left at your address by postal/courier agencies.
j) For any type of shipments to any girls’ hostel/college/school, etc., a specific date and time should be mentioned while placing the order to avoid returns due to permission issues of entering such premises. Lotus Homespace will not be responsible for refunds or credits, nor shall it re-ship the order in such circumstances.
Termination
Dolphin Bean Bags reserves all rights:
a) To suspend or terminate your use of the Website or any service if it believes, in its sole and absolute discretion, that you have breached, violated, abused, or unethically manipulated or exploited any terms of these Terms or otherwise acted unethically;
b) That notwithstanding clause 17 (a) above, Terms will survive indefinitely unless and until Lotus Homespace chooses to terminate them;
c) That Lotus Homespace will have no liability to you or any third party for terminating your use of the website or any service, or for deleting any content or other materials relating to your use of the service;
d) That you shall be liable to pay for any service or product that you have already ordered until the time of termination by either party whatsoever and also entitled to your royalty payments as per the Terms and Conditions that have or are legally deemed accrued to you.
Governing Law
These terms shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
Severability
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Report Abuse
As per the Terms, users are solely responsible for every material or content uploaded onto the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.