Customer/Store User Terms and Conditions
theloyalworkshop.com will accept orders for goods on the Conditions set out below. These Conditions cannot be varied unless agreed in writing by a director of The Loyal Workshop (Loyal Leather Workshop Private Limited).
1.1 In these Conditions the following words shall have the meanings set opposite them:
“Carrier” means and (unless the context requires otherwise) includes the carriers servants agents and any person or persons carrying Goods on our behalf under any contract of carriage. This will usually be FedEx.
“Charges” means our charges for supplying the Goods.
“Confirmation of Order” means when we confirm our acceptance of your Order orally or in writing (whether electronically or otherwise) or when we effect Delivery, whichever occurs first. For e-commerce, the Confirmation of Order will be at the time of your receipt of payment from the payment gateway and at the same time we receive the confirmation of order email from our online store.
“Contract” the contract made between you and us for the purchase of Goods incorporating these
Conditions. For e-commerce purchases this contract begins at the time of payment via the payment gateway.
“Delivery” means our delivery of the Goods to the address you have stipulated in the Order or our notifying you that the Goods are available for collection.
“Goods” means the article(s) that we agree to supply to you pursuant to an Order.
“Order” means your request for us to supply you with Goods in consideration of the Charges, which you make by either completing an online order or otherwise requesting the Goods that you require.
“We”, “us” “our” means theloyalworkshop.com (Loyal Leather Workshop Private Limited).
“You”, “your” means the person firm or corporation that places an Order with us.
“E-commerce” means orders and payment via theloyalworkshop.com and payment via the payment gateway.
2.1 Any Order you place will constitute an offer capable of acceptance by us. We will not be obliged to accept an Order and we reserve the right to refuse an Order without giving any reason, unless applicable payment has been received.
2.2 You may cancel an Order at any time until Confirmation of Order except that you may not at any time cancel any Order for Goods that are customised to meet your particular requirements.
2.3 Each order if accepted by us shall constitute a separate severable contract.
2.4 Should you cancel the Order for Goods for any reason not notwithstanding 8.1 and 8.2 we reserve the right to charge a “restocking fee” which will be an amount equivalent to 25% of the price payable by you and all delivery and collection costs.
3.1 Unless expressed otherwise, our Charges shall include delivery charges duty and sales tax at the prevailing rate.
3.2 You agree to pay our Charges within 30 days of the date of our invoice without deduction or set off. If you fail do so we may, without prejudice to any other right or remedy available to us, charge interest both before as well as after any Judgment on any outstanding balance at the rate of 4% above the ANZ Bank Base Rate until we receive payment in full. For e-commerce charges will be applied at the time of payment via the payment gateway.
3.3 If you fail to pay us the Charges in accordance with this clause 3, we may, without prejudice to any other right or remedy available to us, either suspend any Delivery or cancel any other Contract between us. We can sue for the Charges due for any Goods that we have agreed to sell to you pursuant to a Confirmation of Order.
3.4 We reserve the right to increase the Charges at any time on notice to you if for any reason the price of the Goods increases between the Confirmation of Order and Delivery.
3.5 We reserve the right to ask you to pay the Charges in advance of Delivery in any event.
3.6 While we make every effort to include all shipping, duty and tax charges for e-commerce orders, we take no responsibility for unpredictable and unforeseen shipping, duty and tax charges to you such as remote delivery fees, unforeseen importing duties and unforeseen handling fees.
4.1 All Goods will be subject to availability and we reserve the right to modify the Goods at any time or substitute them with goods of equivalent functionality without notice.
4.2 Due to the nature of full-grain vegetable tanned leather the Goods will vary in colour, thickness, stiffness, texture and strength.
4.3 If you have a query or complaint regarding the Goods, please write to email@example.com
5.1 Any indication we may give as to the time of Delivery will be a good faith estimate only. Whilst we will use all reasonable endeavours to effect Delivery at the time we have estimated, our Goods are carried by a courier and are subject to their policies and procedures. To read more about our courier policies visit http://www.fedex.com/in/
5.2 If it is not possible for us to effect Delivery for whatever reason including but not limited to your being away or your premises being inaccessible, we will not be liable for any inconvenience or additional charges incurred.
5.3 We reserve the right to effect Delivery by instalment in which case each instalment will be a separate
5.4 Subject to clause 2.2 above, should you wish to cancel or reschedule any Order, you agree to give us as much notice (in writing) as is reasonably practicable and agree to pay our storage and administration charges in addition to the Charges.
5.5 Subject to the other provisions in these Conditions, we will not be liable to you for any loss (including but not limited to loss of profit) costs, damages, and charges, expenses caused directly or indirectly by a delay in Delivery (even if caused by our negligence).
6. Title and Risk
6.1 Risk of damage to or loss of Goods shall pass to you on Delivery.
6.2 Notwithstanding Delivery and the passing of risk in the Goods, title in the Goods shall, subject to clause
9, not pass to you until we have received payment of the Charges in full by cash or cleared funds payment for all Goods that we have agreed to sell to you pursuant to a Confirmation of Order.
6.3 Until such time as the title in the Goods passes to you, you will hold the Goods as a bailee and keep the Goods separately from any other goods belonging to you or any third party and properly stored, protected and insured and identified as our property.
6.4 Until such time as title in the Goods passes to you, we may at any time require you to deliver up the Goods to us and, if you fail to do so, enter any premises where the Goods are stored to repossess the Goods.
7.1 We warrant that (subject to the other provisions in these Conditions) the Goods will be of satisfactory quality.
7.2 Our Goods are strictly quality controlled at manufacturing and we expect that your Goods will have no manufacturing defects (apart from natural leather variation) on the delivery of your Goods. If there are manufacturing defects please notify us at firstname.lastname@example.org. We will take manufacturing defects seriously and will take appropriate action.
8.1 If on Delivery the Goods appear to be visibly damaged you must notify the Carrier immediately that you will not accept Delivery or sign for as damaged otherwise you will forfeit your right to reject the Goods for visible damage.
8.2 If the Goods are not visibly damaged on Delivery and there are no manufacturing defects then the Loyal Leather Workshop Pvt Ltd will not accept any returned goods.
9. Force Majeure
9.1 We will not be liable for any failure to effect Delivery of the whole or part of any Order due to an event beyond our reasonable control. If Delivery is delayed due to an event beyond our reasonable control, we will notify you promptly of the reason for such a delay and you agree to give us such an extension to effect Delivery as is reasonable in the circumstances.
10. Suspension and Termination
10.1 We may, in our absolute discretion, suspend any Delivery and / or terminate any Contract immediately on notice to you if:
10.1.1 You pass a resolution for winding up (except for amalgamation or reconstruction of a solvent company) or if a court makes an order to that effect or if you have a receiver or administrator appointed over all or any of your assets or business, or if you cease or threaten to cease to carry on business.
10.1.2 You are in material breach of any of these Conditions.
10.1.3 We are unable to effect Delivery due to an event beyond our reasonable control.
10.1.4 You provide information that compromises the order, confirmation of order, or delivery.
10.2 Termination of any Contract between us shall not affect your liability to pay us (without deduction or set off) such Charges as are due for Goods for which we have effected Delivery. If on termination of any Contract, we owe you any sums, we reserve the right to set off against such sums any outstanding Charges as you owe us.
11.1 Our total liability to you for a breach of the Conditions or for negligence in the course of supplying Goods to you shall be limited to the repair or replacement of any Goods giving rise to your claim or at our option an amount equivalent to the Charges (or proportion of the Charges) that you have paid us for Goods giving rise to your claim.
12.1 These Conditions constitute the entire agreement between you and us in respect of the Goods and supersede any earlier arrangements, understandings, promises or agreements made between the parties in respect of the Goods.
12.2 You acknowledge that in instructing us to supply the Goods, you do not do so on the basis of any representation, warranty or any provision not expressly contained within these Conditions.
12.3 Any failure by us to enforce a breach of the Conditions by you shall not be deemed to be a waiver of any subsequent breach of these Conditions that you may make.
12.4 If at any time any one or more of these Conditions are held to be unenforceable, illegal or otherwise invalid in any respect, such enforceability, illegality or invalidity shall not affect the remaining Conditions, which shall continue in full force and effect.
12.5 Nothing in this Agreement shall create or be deemed to create a partnership or joint venture between us and you or the relationship of principal and agent or employer and employee.
12.6 These Conditions shall be governed exclusively by Indian law and you and we agree to submit exclusively to the jurisdiction of the Indian courts.
12.7 You and we agree that no third party shall be afforded any rights under these Conditions