Welcoming you to Comelyliving.com (the “Website”). Comely Living and/or its affiliates offer you with website features and other products and services when you visit or shop at COMELYLIVING.COM, utilize Comely Living products or services, or use the software provided by Comely Living in conjunction with any of the aforementioned. The Services are provided by Comely Living subject to the following terms and conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is entered into by and between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and COMELY LIVING (“Company” or “us” or “we” or “COMELYLIVING.COM”). This document is an electronic record in accordance with the Information Technology Act, 2000 and any rules promulgated there under, as well as the revised provisions in various statutes dealing with electronic records as amended by the Information Technology Act, 2000. This electronic document is generated by a computer system and neither physical nor digital signatures are required. Regardless of anything written or stated in any other document, if there is a disagreement between the conditions listed below and any other document, only the terms provided in the present T&C shall govern the use of the Site.
INTRODUCTION
COMELYLIVING.COM is registered to COMELY LIVING PRIVATE LIMITED, a business established in accordance with the provisions of the Companies Act, 1956, with its registered office located at A-97 Adhyapak Nagar, Nangloi, New Delhi-110041 and Branch Office in Noida.
RIGHT TO CHANGE
Comely Living may at any moment and without prior notice revise or amend these Terms and Conditions. This is why prior to each new transaction or usage of our website; we ask that you please check our Terms & Conditions.
PRIVACY
A strong commitment to privacy for all of our users is a top priority. One of our most valuable resources is the information we have on you, and we know that you are a valuable asset to us. In accordance with the Information Technology Act of 2000 and the Rules thereunder, we may use physical as well as reasonable technological security measures and procedures to store and process Your Information, including any sensitive financial information collected (as defined under the IT Act, 2000). Please do not use the Site if you do not agree with our current Privacy Policy or with the transmission or use of your information in this manner.
ELECTRONIC COMMUNICATION
You are communicating with us electronically when you utilize any of our Services or send us an email. Through the use of our services, you agree to receive electronic communications from us. You can expect to hear from us via e-mail or through a message on this website or another Service. To the extent that the law requires any such communication to be in writing, you agree that all agreements, notices, disclosures, and other communications that we deliver to you electronically will satisfy that obligation. To be in compliance with the law, you must use technology that complies with the Indian Information Technology Act, 2000 and the rules promulgated thereunder, as well as the provisions of other laws that were updated to reflect the use of electronic records.
Comely Living owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, and inventions (whether patentable or not), goodwill, and You agree not to use, reproduce, or distribute Comely Living content without permission.
User shall not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary rights proprietary right without the express permission of the owner. Comely Living does not have to provide Users with indications, marks, or anything else to help them determine if the material is copyrighted or trademarked. The user is solely responsible for any copyright, trademark, proprietary, or other harm caused by such a submission. By submitting material to any public area of the Site, User warrants that the owner has expressly granted Comely Living the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exempt User allows other end users to view, save, or duplicate the material for personal use. User authorizes Comely Living to edit, copy, publish, and distribute Site content. Comely Living, its subsidiaries, affiliates, and third-party content suppliers and licensors have the right to assert and enforce the foregoing Section 25 provisions directly or on their own behalf.
TRADEMARKS
All text, photographs, video, graphics and the entirety of Comely Living are protected as a collective work under the applicable copyright laws, and the Site contains copyrighted material, trademarks, and other proprietary information. Comely Living has the copyright to all of the content it has created and all of the content that it has selected, coordinated, arranged, and enhanced. Users are not allowed to alter, distribute, transmit, sell, transfer, create derivative works from, or otherwise profit from any of the content in any way. Users are permitted to download, print, and save copyrighted materials for their own non-commercial use. Without the prior written consent of Comely Living and the appropriate copyright holder, you may not reproduce, transmit, publish, or otherwise use the downloaded materials for any purpose, including commercial purposes.
No modifications or deletions of any author credit, trademark legend, or copyright notice shall be made if copying, redistribution, or publication of copyrighted content is permitted. The User understands that by downloading such copyrighted material, it does not become the owner of any such rights. Any trademarks that appear on the Site or any other website owned or operated in conjunction with Comely Living shall be deemed to be the exclusive property of Comely Living unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Comely Living unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
As a company, Comely Living values the creativity of its customers and the privacy of its partners. Contact ‘Customer Care’ via the email address provided below if you have reason to believe that your work has been duplicated in a way that violates your Intellectual Property Rights.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
Registered Users agree to be competent to contract under the Indian Contract Act, 1872. If Comely Living discovers you are under 18, it may terminate your membership and deny you access to the Website. User IDs and passwords are your responsibility. User ID and Password activities are your responsibility. You undertake to submit honest, accurate, current, and complete information about yourself on the Website registration form or as a Visitor or user of a third-party site via which You access the Website. Comely Living reserves the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access if you provide any information that is untrue, inaccurate, not current, incomplete, or not in accordance with the User Agreement. Permission to send administrative and promotional emails is a purchase requirement. Our items, promotions, and account activity will be sent to you. Our promotional emails have an unsubscribe option at the bottom. See our Privacy Policy. Comely Living reserves the right to change the offers in promotional emails/SMS/MMS at any time without notice. You agree not to host, display, upload, change, publish, transmit, update, or share website information that: belongs to another person and to which you do 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 whatsoever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violate If you violate these strict conditions, you are completely responsible for all legal consequences and Comely Living is not liable. If you violate these strict conditions, you are completely responsible for all legal consequences and Comely Living is not liable.
BILLING
The prices displayed on comelyliving.com are the Recommended Retail Price (RRP) for our products. Any taxes levied in India would also be a part of the suggested retail price in India. Depending on where the order is being transported, additional taxes may be added. All applicable state and local taxes for the delivery location will be added together to determine the total tax to be applied to the order. In addition to the regular taxes that may be due, Comely Living reserves the right to collect any levy, duty, or fee that it may be required to pay. We reserve the right to impose Delivery Fees, which may include local taxes, customs fees, postage, packaging, etc.
E-GIFT CARD & CREDIT NOTE POLICY
E-mail delivery is standard for all online gift card purchases. There will be no separate shipment of hard copies of the Cards.
E-Gift Cards purchased in INR can be redeemed on the website.
It is not possible to redeem only a portion of the card’s value in several transactions using the same code.
No, Gift Cards can’t be used to buy more Gift Cards. They are not transferable and have no monetary value.
You cannot use Comely Living credit voucher or credit note to buy gift cards.
If the total price of the order is more than the value of the gift card, the difference must be paid with another method such as a credit card, debit card, PayPal, or Debit Card/Credit/Net Banking (for international transactions).
You cannot apply or use multiple Gift Cards or Credit Notes at the same time.
If a Gift Card is lost, stolen, or used without authorization, Comely Living is not responsible.
Gift cards have a one-year expiration period beginning on the date of issuance.
The terms and conditions of gift cards and credit notes may be updated at any moment without previous notice.
Once the gift card is redeemed, GST will apply and tax will be deducted from the purchase price in accordance with the underlying supply.
Any gift cards that are the result of a collaborative effort between Partners will be subject to the terms and conditions that have been agreed upon between the Partners. Please contact us at support@comelyliving.com if you have any questions or concerns about your order.
CATALOGUE PRICING
By selecting a different nation, you will be charged according to that country’s price list and NOT a conversion rate. Products may be unavailable for shipment to your country of choice due to import/trade restrictions.
ORDER CANCELLATION BY COMELY LIVING
There may be occasions when genuine orders cannot be processed or shipped due to circumstances beyond the control of the seller. Comely Living is solely responsible for deciding whether or not to accept an order. We reserve the right to refuse or cancel any order for any reason, including but not limited to: insufficient stock, an error in the price or availability of the item you have ordered, a fault discovered by our fraud prevention and credit services team, or an issue with the item’s quality. Before we can accept an order, we may need to conduct further research or verifications. If your order is partially or completely cancelled, or if we need more information to accept your order, we will get in touch with you as soon as possible. If your order is cancelled after payment has been processed, the funds will be refunded to the original payment method within 30 business days. If Comely Living cancels a purchase, the customer will receive a refund of any vouchers used to pay for the cancelled item(s).
PRICE OF SHIPPING AND HANDLING
The fees associated with processing, packaging, and delivering your order are designed to reimburse Comely Living for the time and effort put into fulfilling your transaction. Please see our Shipping & Payment Policy for details.
PAYMENT
In the event that you incur any loss or harm, whether direct or indirect, as a result of using any of the payment methods we provide, you understand and agree that we will not be held liable in any way. (a) insufficient funds; (b) exceeding the predetermined limit mutually agreed upon by you and between your “Bank/s”; (c) payment difficulties originating from the transaction; (d) transaction decline for any other reasons.
You agree to pay the MRP for any goods or services you purchase via comelyliving.com, and all payments you make through the site will be subject to the terms and conditions of the third-party Online Payment Gateway Services accepted and applicable to your transaction. We reserve the right to seek further information (such as a government-issued photo identification and/or a bill showing the total amount to be paid) to verify your identity and/or address before we accept and dispatch your order. This is done to provide our customers with a secure and reliable online shopping experience.
If you’d like to make a payment through the Website, comelyliving.com may use a third-party service like PaisaPay, PayPal, or another similar service. For such purchases, Comely Living may, in its sole discretion, permit either electronic payment or Cash on Delivery. The terms and conditions of the User Agreement, Seller Terms and Conditions, and any other rules and policies that may be applicable to your type of activity will govern your use of such third-party services.
DELIVERY
Comely Living will make every effort to have your order shipped and delivered within the time frame specified after checkout, but we cannot guarantee this. Failure by Comely Living to deliver any Product(s) within the Delivery Period shall NOT constitute Grounds for Contract Cancellation. However, Comely Living may, at its discretion, charge you for additional shipping costs if you fail to accept receipt of the products.
LOSS IN TRANSIT
Comely Living will make every effort to ensure that your order arrives in the time frame specified at checkout, but cannot be held responsible for delays beyond that. If Comely Living does not provide all of the products in the order within the allotted time, the buyer is not allowed to cancel the order. However, Comely Living may, at its discretion, charge you for additional shipping costs if you fail to accept receipt of the products.
REFUNDS AND RETURNS
Comely Living promises to do its best to provide buyers with flawless merchandise. User returns will not be accepted until Comely Living has received the item. In the absence of damage or faults in the product supplied, we cannot accept returns of any kind for items purchased from our website. Within 48 hours of receipt, you must notify at support@comelyliving.com for any defects or damage to the goods you received. Even if a product is delivered incorrectly, if you only find out about it after 48 hours, you won’t be able to return it unless you have a guarantee on the item. Online gift purchases are final and cannot be returned, refunded, or exchanged. Only Comely Living can decide if a refund is possible. Please review our Return & Exchange Policy for more details.
PRODUCT DESCRIPTIONS
When showcasing products, Comely Living does its best to provide accurate information. Comely Living makes no guarantees that the information it provides about its products is correct, comprehensive, reliable, up-to-date, or without errors. In the unlikely event that a Comely Living product is not as advertised, you may contact the company within 48 hours of receipt, and Comely Living will do everything it can to make things right.
PRODUCT COMPLIANCE
All of the products you see on the Comely Living website have been made or sourced in accordance with Indian law and all relevant Indian industry regulations.
PRODUCT PRICING DISCLAIMER
Retail pricing may vary from those listed on our website. In addition, the prices listed in our catalogues are estimates, and actual pricing in different countries may differ. The website may change the prices for India and other countries at any time. These prices are the suggested retail price alone and do not account for any additional costs, such as shipping or taxes.
DISCLAIMER OF INACCURACY
There may be occasions when our website or catalogue contains typographical errors, inaccuracies, or omissions that may affect product descriptions, pricing, and availability. Without prior notice, Comely Living may make improvements, changes, or updates that may address mistakes, inaccuracies, or omissions.
WARRANTIES & LIABILITY
All information, content, materials, goods (including software), and other services featured on or otherwise made available by Comely Living are given “AS IS” and “AS AVAILABLE,” unless otherwise noted in writing. Except where expressly stated otherwise in writing, Comely Living disclaims all warranties, either express or implied, as to the operation of the services, or as to the information, content, materials, products (including software), or other services included on or otherwise made available to you through Comely Living. As a condition of your use of this website, you acknowledge and accept that you do so at your own risk.
Nothing on this site should be taken as a representation that the services provided by Comely Living will always or permanently be available, or that the content provided here will be comprehensive, true, accurate, or not deceptive. We disclaim any and all responsibility for any harm resulting from Your reliance on, or in connection with, the Website, its contents, or your use of the Website. By using this Website, you agree that you do so at your own risk, that you are solely responsible for all costs associated with all necessary servicing or repairs of any equipment used in connection with your use of this Website, and that Comely Living shall not be liable for any damages of any kind related to your use of this Website.
Although Comely Living shall make every effort to safeguard its websites from viruses and other unauthorized use of its website. Notwithstanding the foregoing, we make no representation or warranty that the Website, its servers, or any electronic communication sent from us are free of viruses or other harmful components. This includes, but is not limited to, any information, Content, materials, product (including software), or service included on or otherwise made available to You through the Website. Nothing on the Website is or is intended to be advice.
The laws of India shall apply exclusively to all transactions involving Website Products. We shall restore or issue a credit for the full amount (if any) received in advance by us from the sale of such Product that could not be delivered to You in the event that we are unable to deliver such Products owing to implications of various territorial legislation. You are solely responsible for determining whether or not the sale of the items offered here is prohibited in your country. In the event that any product sold on this website violates the laws of the country in which it is sold, Comely Living will not be held liable. Unless otherwise agreed upon in writing, Comely Living will not be responsible for any damages of any kind resulting from the use of any service, or from any information, content, materials, products (including software), or other services included on or otherwise made available to you through the website.
INDEMNITY
In the event that Comely Living (including its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) is sued or threatened with suit, you agree to indemnify and hold it harmless, including for reasonable attorneys’ fees, from any claim or demand due to or arising out of your breach of these Terms and Conditions, your violation of any law or the rights of a third party, or any injury to persons or damage to property caused by the products delivered.
BREACH
Without limiting the foregoing, we reserve the right to immediately restrict your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Site or any of its features if we believe that your actions may cause legal liability for you, other users, or us. Until we reinstate a user who has been suspended or blocked, that user is not permitted to register with us or attempt to register with us, or to use the Website in any way.
Notwithstanding the foregoing, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action, including but not limited to referral to the appropriate police or other authorities for the initiation of criminal or other proceedings against you, if you breach the Terms of Use or Privacy Policy or other rules and policies. Without any prior notice, we reserve the right to restrict your activity, remove your information, temporarily or permanently suspend or terminate or block your membership, and/or refuse to provide you with access to this Website if we determine that you have violated any applicable local laws of that territory.
SEVERABILITY
Or site, policies, and Service Terms, and these Conditions of Use are subject to change at any moment. The invalidity, voidness, or unenforceability of any one of these conditions shall not affect the validity and enforceability of any other condition, and such invalidity, voidness, or unenforceability shall be deemed severable.
WAIVER
No delay or omission by Comely Living in enforcing any term or condition of this Agreement shall be construed as a waiver of such term or condition or of the right at any time afterward to enforce all Terms and Conditions of this Agreement.
FORCE MAJEURE
To the extent that Comely Living’s failure to fulfil any of its obligations (including the non-furnishing of the Service) is caused by an occurrence of Force Majeure, you shall have no right to assert any claim against Comely Living or deem such failure to perform to be a breach hereunder. In the event that either party’s performance of its obligations under this Agreement is delayed due to an event of force Majeure, the time lost due to the event will not be included in any calculations required under this Agreement. Any event beyond Comely living’s control, including but not limited to war, civil commotion, strike, governmental action, lockout, accident, epidemic, or any other event of any nature or kind whatsoever, will be considered “Force Majeure” and will prevent or delay the commencement or continuation of the transactions contemplated hereby. You acknowledge and agree that insufficient funds do not constitute and shall not be regarded as a Force Majeure.
RESOLVING CONFLICTS
The laws of India shall apply to the interpretation of this Agreement and the formation of the legal relations between YOU and Comely living hereto. You agree that the courts of New Delhi will have exclusive jurisdiction over any dispute arising out of or relating to your use of the Website or your dealings with comelyliving.com relation to any activity on the Website, including but not limited to any provision of the Terms & Conditions and/or Privacy Policy, including but not limited to the rules and policies contained herein. Regardless of the status of any such procedures, you are still responsible for paying the Payment Fees.
GRIEVANCE
Send an email to support@comelyliving.com marked “Customer Support” if you have any complaints about using the site.
Within one month of the date of such complaint/grievance, “Customer Support” shall review the matter and respond.
GOVERNING LAW
The laws of India shall govern and control the interpretation of these Terms and Conditions or other documentation relating to third-party payment methods. According to the Information Technology Act of 2000 and other statutes that were changed to reflect the new legal status of electronic records, this document is legally binding and admissible in court as an electronic record. The digital signatures or other authentication methods are unnecessary, as this record was generated by a computer system.