USER AGREEMENT (TERMS & CONDITIONS)

FURTICO (A BRAND OF ATV ENTERPRISES PRIVATE LIMITED)

INTRODUCTION AND ACCEPTANCE OF THE TERMS AND CONDITIONS

Welcome to the official online store of ATV ENTERPRISES PRIVATE LIMITED, located at S.No.57, Shop No.28, Mio, Palazoo Housing Society, Viman Nagar, Pune, Maharashtra-411014, India. In these Terms and Conditions, ATV ENTERPRISES PRIVATE LIMITED will be referred to as ‘FURTICO,‘ ‘We,’ ‘Us,’ ‘Our,’ ‘the Company,’ or ‘the Website.’

By accessing and shopping on this website, you (the ‘User,’ ‘You,’ or ‘Your’) acknowledge and agree to comply with the following Terms and Conditions. We encourage you to review these terms carefully before proceeding.

These Terms and Conditions govern the contractual relationship between you, the User or Customer, and Furtico. By engaging with our website or placing an order, both parties affirm their acceptance of these Terms and Conditions without reservation. These conditions are exclusive and supersede any other terms unless explicitly modified by prior written agreement. By confirming your order, you confirm that you have read, understood, and accepted these General Terms and Conditions of Sale.

It is essential that you understand these Terms, as they are designed to protect both your rights as a valued customer and our rights as a business.

ELECTRONIC COMMUNICATIONS :

By accessing and using the Furtico website or by sending emails to us, you are engaging in electronic communication with us in compliance with the provisions set forth under the Information Technology Act, 2000. You expressly consent to receive communications from us electronically, which may include, but are not limited to, emails, notifications, and updates regarding your orders, account, products, services, or other matters related to your interaction with Furtico.

We may communicate with you through email or by posting notices directly on the website. You agree that all such communications, whether in the form of agreements, disclosures, notices, or other information, shall be deemed to satisfy any legal requirement that such communications be made in writing. Furthermore, by providing us with your email address and contact information, you agree to receive these electronic communications without any obligation on our part to provide physical copies of the information.

In the event of any changes to the terms, policies, or product details, we will notify you electronically. You agree that such electronic notifications will have the same legal standing as if they were provided in a written format. If you no longer wish to receive these communications, you may follow the instructions for unsubscribing or adjusting your communication preferences, as provided within each communication.

LICENSE TO ACCESS THE WEBSITE :

Furtico grants you a non-exclusive, limited, and revocable license to access and make personal, non-commercial use of this website. This license expressly prohibits you from downloading (other than for the purpose of page caching) or modifying any part of the site, unless explicitly authorized in writing by Furtico. This license does not extend to any resale, commercial use, or any unauthorized exploitation of the website or its contents, including but not limited to product listings, descriptions, prices, or other material displayed on the site.

You are not permitted to engage in the following actions without express written consent from Furtico:

a) Resale or commercial use of this site, its contents, or its products.

b) Collecting or using any product listings, descriptions, or prices for any unauthorized purposes.

c) Creating derivative works based on any portion of the site or its contents.

d) Downloading, copying, or using account information for the benefit of third parties.

e) Employing data mining, robots, or any other similar data collection tools to extract or gather information from the site.

f) The content of this website, including images, text, logos, trademarks, and other proprietary materials, is protected by intellectual property laws. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the website or any portion of the site for any commercial purposes without the express written permission of Furtico.

g) Additionally, you may not frame or use framing techniques to enclose any proprietary information, including trademarks

WEBSITE AVAILABILITY AND USER ACCOUNT SECURITY

While we make every effort to ensure that the Website remains operational and accessible at all times, we cannot guarantee uninterrupted access.

There may be instances of downtime for various reasons, including routine maintenance, updates, or unforeseen technical issues. We reserve the right to temporarily suspend access to the Website for maintenance purposes, though we will endeavor to minimize such interruptions. We will not be held liable for any downtime, whether partial or complete, or for any duration of unavailability of the Website.

Certain areas of the Website require you to log in with a password in order to access specific features, such as personal order details.

This is intended to protect the privacy and security of your information. As part of our security measures, we require you to create an account on the Website by providing your email address and selecting a secure password. For your protection, we strongly recommend selecting a password that is difficult for others to guess, and we advise you to log out of your account after each session.

In the event that you forget your password, a password reset procedure is available. It is your responsibility to maintain the confidentiality of your login credentials and not to share them with any third party. You are required to use the Website solely for personal purposes.

If you suspect any unauthorized access to your account or any breach of security, it is your duty to promptly notify us and, if possible, change your password.

It is a condition of your use of the Website that all information you provide, including your registration details, must be accurate, current, and complete.

We reserve the right to disable or suspend any user account at our sole discretion, without prior notice, for any reason, including but not limited to failure to comply with these Terms of Service.

We do not guarantee that the Website or any content provided will be free of errors or omissions. While we strive for accuracy, the Website and its content are provided on an “as- is” basis and we make no warranties regarding their reliability, completeness, or suitability.

Your use of the Website and the management of your personal data are subject to our Privacy Policy.

We strongly encourage you to review our Privacy Policy to understand how we collect, use, and protect your information.

MEMBERSHIP ACCOUNT

By using this site, you are responsible for maintaining the confidentiality of your account details, including your username and password, as well as for restricting access to your computer or device. You agree to assume responsibility for all activities that occur under your account or using your login credentials. If you are under 18 years of age, you are not permitted to use the Website unless it is done through the involvement of a parent or guardian, and an account is created under their supervision.

Furtico and its affiliates reserve the right to refuse service, terminate or suspend accounts, remove or modify content, or cancel orders at their sole discretion and for any reason, without prior notice.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors to the Website may post reviews, comments, and other content, as well as submit suggestions, ideas, questions, or other information, provided that such content does not violate the following conditions:

It must not be illegal, obscene, threatening, defamatory, invasive of privacy,

infringing on intellectual property rights, or otherwise harmful or

objectionable to third parties.

Additionally, content must not contain software viruses, political campaigning, commercial solicitations, chain letters, mass mailings, or any form of “spam.” You are prohibited from using false email addresses, impersonating any person or entity, or misleading others regarding the origin of any content.

Furtico reserves the right, at its sole discretion, to remove or edit any content but is under no obligation to regularly review posted material. By posting content or submitting materials, you grant Furtico and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide across all media formats. You also grant Furtico the right to use your name in connection with such content if it so chooses.

You represent and warrant that you own or control all rights to the content you post, that the content is accurate, and that its use will not infringe upon this policy or cause harm to any individual or entity. By submitting content, you agree to indemnify Furtico and its affiliates against any claims arising from your content.

Furtico reserves the right, but is not obligated, to monitor, edit, or remove any user-generated content. Furtico takes no responsibility and assumes no liability for any content posted by users or third parties on the Website.

INFORMATION ABOUT PRODUCTS AND SERVICES

Furtico places significant emphasis on ensuring that the product and service information, descriptions, and images displayed on our website are accurate, comprehensive, and reflective of the products/services we offer. We strive to maintain the highest level of quality in presenting all product-related content, including but not limited to descriptions, specifications, pricing, and availability. However, despite our best efforts, we do not warrant or guarantee that the product/service descriptions, images, or any other content on the website are entirely accurate, complete, reliable, current, or free from errors or omissions.

Furtico expressly disclaims any liability for inaccuracies, errors, or omissions in the product/ service information provided on the website, including but not limited to product/ service specifications, pricing, or availability. We reserve the right to make changes to product/ service information, descriptions, and images at any time without prior notice.

In the event that a product offered by Furtico is found to be damaged, your sole and exclusive remedy will be to return the product in its original, unused, and resalable condition, subject to the terms and conditions of our return policy. Under no circumstances shall Furtico be liable for any indirect, consequential, incidental, or punitive damages resulting from the purchase or use of any products listed on the website, including, but not limited to, lost profits or business interruption.

IMPORTANT NOTICE REGARDING COLOR DISCREPANCIES AND ORDER POLICIES:

It is crucial to understand that while Furtico makes every effort to accurately represent the color of its products on the website, there may be slight variations between the color shown on the website and the actual color of the product you receive. These discrepancies can arise due to various factors, including but not limited to: the limitations and variations in digital photography, lighting conditions during product shoots, differences in screen settings, device display calibrations, and technological factors inherent in the reproduction of color across different devices and platforms.

By placing an order with Furtico, you acknowledge and accept that such color variations may occur and that the product you receive may not exactly match the color as displayed on the website.

Additionally, please note that all sales are final. Under no circumstances will Furtico accept returns, offer refunds, or provide replacements for products based on color differences or perceived discrepancies between the website’s representation and the actual product. This policy is strictly enforced, and customers waive the right to request any form of return, refund, or exchange once the order has been confirmed and processed.

By proceeding with your purchase, you acknowledge that you have read, understood, and agreed to these terms, including the non-returnable, non-refundable, and non-replaceable nature of the transaction.

IMPORTANT NOTICE REGARDING PRODUCT LISTING:

Furtico further reserves the right to modify, discontinue, or suspend any product listings, including those already purchased, at any time, without notice and without incurring any liability. All product offerings are subject to availability and, in certain cases, errors in stock or order processing may occur. If an error is detected with respect to a product listing after an order has been placed, Furtico will make reasonable efforts to contact the customer and resolve the issue in a timely and fair manner. However, Furtico cannot be held responsible for any inconvenience or loss arising from such errors.

By continuing to use our website and placing orders, you agree to accept these terms and acknowledge that Furtico shall not be held liable for any discrepancies or inaccuracies in the product details, pricing, or availability.

PACKER/ LABELLING INFORMATION:

MR. TRILOCHAN VIKRAM SINGH KANDA

FURTICO
ATV ENTERPRISES PRIVATE LIMITED
S. NO.57, SHOP NO.28, MIO, PALAZOO HOUSING SOCIETY, VIMAN NAGAR, PUNE, PUNE, MAHARASHTRA, INDIA, 411014

PRICING AND PAYMENT INFORMATION

The prices displayed on Furtico’s website are quoted in Indian Rupees (INR) and do not include the cost of delivery. Delivery charges will be clearly indicated during the checkout process and will be added to the total cost of the products before final payment is made. The total cost, including both the product price and delivery fees, will be clearly outlined at the time of order completion.

Furtico reserves the right to modify product prices at any time, and such changes will be reflected at the point of checkout when the order is placed. Any changes to the prices will be communicated to you before the order is finalized, ensuring transparency in all transactions.

In the event of an obviously incorrect price appearing on our website—due to factors such as human error, technical malfunctions, or any other reason—Furtico retains the right to cancel the order, even if payment has been processed and the order initially validated. If this occurs, we will promptly notify you of the cancellation and provide a full refund of any amounts paid. By placing an order, you acknowledge and agree to this policy, and understand that Furtico will not be liable for any discrepancies in pricing that may occur due to errors on the website. In such cases, the only remedy available to you will be a full refund of any payment made.

ORDER FULFILLMENT AND PRODUCT AVAILABILITY:

At Furtico, we make every effort to ensure that your order is processed and fulfilled as soon as possible once completed and paid for. However, in the event that a product becomes unavailable after your order has been confirmed and payment has been received, we will take immediate action to address the situation.

If a product is unavailable, we will issue a full refund for the price of the unavailable item within 07 business days from the date of payment. We will notify you of the unavailability and ensure that the refund is processed promptly.

If your order contains items that are temporarily out of stock, we will dispatch the available products first, and the remaining items will be shipped to you as soon as they become available. In this case, we will refund the shipping costs associated with the unfulfilled portion of your order.

In situations where a product is unavailable, we may offer you a suitable replacement of equal value and quality.

If you decide to decline the replacement offer and the original product is permanently unavailable, we will reimburse you for the price of the unavailable product, ensuring that you are not financially impacted by the situation.

We strive to provide you with the best possible service and will do everything we can to resolve any issues related to product availability in a fair and transparent manner.

MADE-TO-ORDER PRODUCTS:

Once an order for a made-to-order product is placed, we initiate a custom production process. Since these products are specially tailored for you, cancellations or modifications are not possible after the order has been placed. Before confirming your purchase, carefully review the product specifications and customization details to ensure accuracy.

SECURE PAYMENT:

At Furtico, we prioritize the security of your transactions and offer a range of trusted and secure payment gateways to process your order. These payment methods utilize advanced encryption technology to ensure that your payment details remain safe and secure throughout the transaction process.

We want to reassure you that using these payment options incurs no additional charges for you as the buyer. The transaction fees are solely borne by Furtico, the seller. You will not incur any extra costs when completing your purchase.

Additionally, you do not need to hold an account with the payment gateways or merchants to use these payment methods. We strive to make the payment process as convenient and secure as possible, providing you with peace of mind while shopping with us.

PAYMENT GATEWAY ISSUES:

In the event that any funds are delayed, stuck, or otherwise held up during the payment process due to issues with the payment gateway or any third-party payment processor, Furtico shall not be held responsible or liable for such delays. The customer acknowledges and agrees that any such issues are beyond the control of Furtico, and it is the customer’s responsibility to resolve the issue directly with the payment gateway or processor. Furtico will not be held accountable for any payment-related issues that occur during the transaction process.

DELIVERY:

Your order will be delivered to the address and pin code you provided when placing the order. Please ensure that the details you enter are accurate to avoid any delivery issues.

Furtico makes every effort to adhere to the delivery timelines indicated on the website. However, we cannot be held liable for delays in delivery or the loss of a package caused by third-party delivery services, errors on your part, or unforeseen events beyond our control. These events may include, but are not limited to, strikes, riots, political unrest, natural disasters, or other Acts of God.

In the event that you do not receive your package, an investigation will be initiated with the carrier to determine the cause of the delay or loss. Please note that this process may take several days, and during this period, neither reimbursement nor re-delivery will be provided. We will communicate the outcome of the investigation as soon as it is concluded.

Delivery will be made to the address you have chosen, and, where applicable, we will ensure that the package is brought to the designated place or location within the address provided. We encourage you to review your delivery address carefully to ensure smooth processing and timely receipt of your order.

DELIVERY PROCESS

• Delivery Location: Delivery will be made to the location specified by the customer on the delivery instructions, generally to the one-room of choice where the product will be assembled, if applicable.
• Elevator Usage: If an elevator is available, the customer must ensure prior approval to carry the items via the elevator.
• No Elevator: In the absence of an elevator, delivery will be made up to the highest floor accessible by the TSP, or to the building’s security/reception for customer collection.
• Access Requirements: The customer is responsible for ensuring sufficient access and space for delivery. If the goods are to be delivered to a higher floor, the customer must ensure there is access via stairs or lift.

DELIVERY SCHEDULING

• Delivery Time: The delivery will occur within the allocated time window chosen by the customer at the point of sale. The TSP will contact the customer one hour prior to delivery.
• Delay or Absence: If the customer is unavailable during the scheduled delivery window, the TSP will wait for a maximum of [specified time] minutes. If the customer is still unavailable, the TSP will reschedule delivery and an additional charge may apply.

CONDITIONS FOR DELIVERY

• Room of Choice: If the TSP is unable to deliver to the room of choice, the customer may request an alternative accessible area. The TSP will assess the suitability of the room and inform the customer of any concerns about potential damage to goods or property.
• Failed Delivery: If delivery cannot be completed due to insufficient access, or if the customer is unavailable to accept the delivery, an additional delivery charge will apply. This charge will be equal to the cost of a regular delivery and should be paid before re- delivery. For assistance, customers should contact Furtico’s Customer Support Center.
• Delivery Confirmation: Upon delivery, the customer or a representative must check the condition of the packaging and confirm the correct number of items has been received. Any discrepancies/damages must be reported within 24 hours to the Furtico.
• Customer Signature: The customer or a representative must sign the proof of delivery. Refusal to sign will be interpreted as a refusal to accept delivery, resulting in the delivery being returned to the store. In such cases, re-delivery will incur an additional charge.

Additional Information

• Delivery Date Confirmation: The delivery date will be confirmed when placing the order in-store or during checkout for online orders. For further details, customers may email, chat, or call customer support.
• Exchange and Return Policy: Exchange and return timelines may vary by location. Please contact customer support for further details.

DAMAGED GOODS OR SHORT DELIVERY

In the event that you receive goods that are damaged or experience any discrepancies such as missing items or incomplete shipments, it is imperative that you accept the delivery. Upon receipt, you are required to immediately notify the Company, via the following contact details:

• Email: support@furtico.com
• Mobile No.: 9730540800

Please provide comprehensive information in your notification, including but not limited to:

• A detailed description of the damage or missing items
• Your invoice number
• Clear photographs of the damaged goods or packaging
• Any other relevant supporting documentation or evidence

Return Verification:

Upon receiving a return request, Furtico may, at its sole discretion, assess the product’s condition. We may request photographic evidence or a physical inspection to verify the damage, defect, or non-compliance. Our team will determine whether the return is eligible based on the assessment.

Upon receiving your complaint, our Customer Support team will first verify the details and investigate the issue to confirm whether the damage or short shipment occurred during transit or as a result of a handling error on our part. This may involve reviewing photographic evidence, inspecting packaging, or reaching out to the relevant shipping partners for clarification.

Once the investigation is complete and the damage or discrepancy is confirmed by the team, our team will proceed with the appropriate resolution, which may include arranging for the return or replacement of the goods or processing a refund. If the goods are deemed returnable, we will arrange for the pickup of the affected goods within 4 days from the time of receiving your complaint. You will receive follow-up communication with pickup details as well as the timeframe for receiving replacement goods or processing your refund.
REFUND WILL ONLY BE CONSIDERED IF THE PRODUCT CANNOT BE REPAIRED OR REPLACED. With discretion of the company.

Please note that all damage or short shipment claims must be reported within 24 hours of receiving the product. Claims made after this 24-hour period will not be considered, and Furtico will not be liable for any damage or missing items reported beyond this time frame. To ensure a smooth and timely resolution, we strongly advise that you report any such issues promptly. Failure to adhere to the reporting timeline may result in complications that may affect your ability to return or receive a refund for the goods in question.

Condition of Return:

To ensure a successful return, the product must be in its original, unused, and undamaged condition, including:

• Original packaging.
• Price tags, MRP tags, user manuals, warranty cards, and all accessories.
• Product must be unassembled, unwashed, and undamaged.

REFUNDS:

a) Eligibility for Refund:

Refunds are only applicable if the product has been returned in accordance with this Policy, and the return has been approved. Refunds will be processed after the product is received, inspected, and deemed eligible for return. Refunds will only be done if the product cannot be repaired or replaced.

b) Refund Processing Timeline:

Once the return is verified, and the product is approved, the refund will be initiated within 7 (Seven) business days from the date of approval of return by the Company. Please note that the time taken for the refund to reflect in your account may vary depending on the payment method and the policies of your bank or financial institution.

c) Refund Method:

Refunds will be processed through the original payment method. Furtico does not provide cash refunds, and no refunds will be issued for shipping charges or any additional costs associated with the order unless the product is damaged or defective, as determined by our assessment.

d) Damaged or Defective Products:

If the returned product is found to be defective or damaged due to our fault, we will reimburse the shipping charges along with the product’s cost. Refunds for non- returnable products or products that do not meet the return conditions will not be processed.

e) Incomplete Returns:

We reserve the right to reject any refund request if the product returned does not meet the conditions outlined in this Policy. In such cases, we will notify you, and the product will be returned to you at your expense.

DEFERRED DELIVERY OR AMENDMENT IN DELIVERY TIME:

Once you have confirmed your delivery booking, you cannot request changes to the delivery schedule and its particulars like drop location, date of delivery, etc.

In case our delivery partner attempts delivery on the scheduled date and time but your premises are found locked, or you are unavailable, second attempt will be made with additional charge I.e., delivery charges as per our standard rates based on the availability of the delivery partner. The new delivery time will be communicated to you by the delivery partner.

If you are unavailable for a period of more than 24 hours after the expiry of the scheduled delivery period, the delivery will be considered cancelled.

NO CHANGE OF MIND POLICY:

Please be advised that Furtico operates a strict No Change of Mind Policy. Once an order is placed and payment is confirmed, the order is considered final, and no requests for cancellations, returns, exchanges, or refunds based on a change of mind will be entertained. This policy applies to all products and services as available on our platform.

For example, if a customer orders a specific color or size of an item and later decides they no longer wish to keep the item for personal reasons, such as finding a different style or realizing they no longer want the product, such requests will not be accepted. Similarly, if a customer mistakenly orders the wrong item and wishes to exchange it for a different product, Furtico will not accommodate such requests.

Please ensure that you carefully review your order details, including the product selection, size, color, and quantity, before confirming your purchase. By proceeding with your order, you acknowledge and accept that Furtico will not be responsible for any dissatisfaction arising from personal preferences or changes in circumstances post-purchase.

RISK OF LOSS

All items purchased from Furtico are sold in accordance with shipment terms that transfer the risk of loss and title of the goods to you once the products are handed over to the carrier for delivery. This means that, once the goods are delivered to the carrier and dispatched from our premises, Furtico is no longer responsible for the loss, damage, or theft of the products during transit. Upon receipt of the products, you are required to inspect the goods immediately.

If no damage is reported within 24 hours of delivery, we will assume that you have received them in satisfactory condition, and we will not be liable for any post-delivery claims.

Please note that any claims made after the delivery acceptance, or claims that are not consistent with our delivery process and timelines, will not be honored. Furthermore, Furtico will not be liable for any claims of loss, damage, or theft that occur during the shipping process once the goods have been handed over to the carrier.

This policy is in place to ensure the efficient processing and handling of any issues related to the products, and to safeguard both your interests as a customer and Furtico’s business operations.

WARRANTY CLAUSE:

Furtico offers a warranty on its products for a period of maximum of 5 years, which shall commence from the date of the invoice issued for the purchase of the product. For specific product related warranty please check the product warranty page.

Exclusions from Warranty Coverage:

The warranty provided by Furtico does not cover the following:

Normal Wear and Tear: Damage resulting from regular use, including but not limited to scratches, dents, fading, and any other forms of wear that naturally occur over time.

Improper Handling or Care: Damage caused by improper use, abuse, neglect, or failure to follow care instructions. This includes, but is not limited to, exposure to extreme temperatures, moisture, or direct sunlight, as well as failure to maintain the product according to the guidelines provided. Please check the product page to know more about man handling.

Accidental Damage: Any damages caused by accidents, misuse, or mishandling during shipping, assembly, installation, or daily use that go beyond normal wear and tear.

Assembly and Installation: Damage arising from improper assembly or installation, including issues caused by self-assembly or third-party assembly services. This includes structural damage from failure to follow provided instructions.

Fabric and Upholstery: Stains, discoloration, fabric tears, pilling, fading, or damage to upholstery resulting from spills, pets, and environmental factors. These are not covered under the warranty unless specified.

Customizations: Any modifications or alterations made to the product after purchase, including any changes to the original design, color, or finish, are not covered under the warranty.

Excessive Weight or Misuse: Damage caused by placing excessive weight or using the furniture for purposes other than its intended use (e.g., sitting or standing on pieces not designed for such use).

Natural Variations: Variations in the natural materials used in furniture, such as wood grain, color, texture, or slight imperfections inherent in the material, will not be covered under the warranty.

Fading or Discoloration: Changes in color or fading due to exposure to sunlight, cleaning products, or other environmental factors over time.

Third-Party Repairs: Repairs or alterations made by third parties not authorized by Furtico, or any damage resulting from such unauthorized work, will void the warranty.

Pre-Existing Issues: Any damages or defects identified after the delivery, which were not visible upon initial inspection, and that were not reported within 24 hours from the time of delivery, are not covered under the warranty.

The warranty period starts from the date specified on your invoice, and no warranty claims will be accepted after the expiration of the warranty period. Please retain your invoice as proof of purchase for any warranty claims.

Pin Code-Specific Policies:

Cancellation policies may vary based on your delivery location. Please verify the specific cancellation terms applicable to your pin code before completing your purchase.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This website is provided by Furtico on an “as-is” and “as-available” basis. Furtico makes no representations or warranties of any kind, express or implied, regarding the operation of this site, the content, materials, products, or services offered on this site, or the functionality of any features. To the fullest extent permitted by applicable law, Furtico disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from the course of performance, course of dealing, or usage of trade.

You expressly agree that your use of this site and any products or services provided by the site is at your own risk. Furtico does not warrant that this website, its servers, or any e-mail communications sent by Furtico are free from viruses, malware, or other harmful components. Furtico does not guarantee the accuracy, completeness, reliability, or timeliness of any information, content, or materials provided on the site.

Furtico will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive, or consequential damages, lost profits, data loss, business interruption, or any other economic loss, even if Furtico has been advised of the possibility of such damages. Furtico’s total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you for the product(s) or service(s) giving rise to the claim.

Furtico does not guarantee uninterrupted, error-free, or secure access to the website or any associated services. There may be interruptions, delays, or other issues that are beyond Furtico’s control, such as system outages, technical failures, or other external events, including but not limited to, force majeure events, technical malfunctions, hacking, or third-party interference. You acknowledge that such issues may impact your ability to use the site, and Furtico will not be held liable for any such interruptions.

In the event that any third-party content or external link is made available through this site, Furtico is not responsible for the content, services, or products provided by third parties, and your use of such third-party links is at your own risk. Furtico does not endorse or warrant any third-party content or services linked through this website.

You acknowledge and agree that the limitations of liability and exclusions of warranties set forth in this agreement are fundamental to the basis of your use of this site. Without these limitations and exclusions, Furtico would not be able to provide the site or its services to you at the same prices or terms.

Certain state, country, or national laws may not allow the exclusion of implied warranties or the limitation of liability for specific types of damages. In such cases, some or all of the disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights under applicable law. If any provision of this Disclaimer is found to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.

Furtico encourages you to exercise caution when using the site and to ensure that your device, system, and internet connection are secure and free from any viruses, malware, or other harmful elements. Users are responsible for ensuring their own cybersecurity when accessing the site, and Furtico disclaims any responsibility for harm caused by external threats.

By using this website, you acknowledge that you have read, understood, and agreed to the terms of this Disclaimer of Warranties and Limitation of Liability and that Furtico shall not be liable for any loss, damage, or injury incurred by you as a result of using this site or relying on its content.

OWNERSHIP OF INTELLECTUAL PROPERTY

All content provided on the Furtico website, including but not limited to illustrations, text, names, trademarks, logos, brand names, images, videos, software, design elements, layout, graphics, and any other materials (collectively referred to as “Content”) is the exclusive property of Furtico, its subsidiaries, affiliates, or its licensors. This Content is protected by intellectual property laws, including, but not limited to, copyright, trademark, and trade secret laws, as well as international treaties and conventions. As such, all rights, title, and interest in and to the Content are owned by Furtico or its respective owners.

No part of the Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any form or by any means, without the prior written consent of Furtico, except for personal, non-commercial use, subject to the condition that you do not modify or alter any Content. Any other use, including but not limited to reproduction, redistribution, display, or performance, is prohibited unless expressly authorized by Furtico.

All trademarks, service marks, and trade names (collectively referred to as “Trademarks”) that appear on the website are the property of Furtico or their respective owners. You may not use or register any of these Trademarks without the prior written consent of Furtico or the respective owner. Any unauthorized use of the Trademarks or Content may result in legal action, including claims of infringement and misappropriation of intellectual property rights.

You acknowledge and agree that Furtico reserves all rights not expressly granted in these Terms and Conditions of Use. Any use of the website or its Content not specifically authorized by Furtico is a violation of these Terms and may subject you to civil and criminal penalties.

In the event of any unauthorized use or infringement of Furtico’s intellectual property, including the Content or Trademarks, Furtico reserves the right to pursue legal action to the fullest extent allowed under applicable law. This may include seeking injunctive relief, monetary damages, and any other remedies available under intellectual property laws.

Furtico shall not be held responsible or liable for any infringement of third-party intellectual property rights arising from your use of the website. You agree to indemnify, defend, and hold harmless Furtico and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorney fees) resulting from your breach of these intellectual property provisions or any violation of the rights of third parties.

By accessing or using the Furtico website, you acknowledge that you have read and understood these intellectual property provisions and agree to comply with them in full. Any violation of these terms may result in termination of your access to the website and legal consequences, including claims for damages and other remedies under applicable laws.

WEBSITE POLICIES & MODIFICATION THEREOF:

Furtico’s website, including its features, functionality, and offerings, is continually evolving. As such, the Company reserves the right to update, modify, or amend the content, structure, and design of the Website, as well as these Terms of Service, Privacy Policy, Delivery, Returns Policy, and other related documents at its sole discretion, without prior notice. This includes, but is not limited to, changes in product offerings, pricing, and the availability of products or services.

It is your sole responsibility to regularly review these Terms of Service, the Privacy Policy, and any other relevant policies or notices posted on the Website. By continuing to access or use the Website after such updates or modifications are published, you acknowledge and agree to the revised terms, regardless of whether or not you have specifically reviewed them.

Any amendments or updates to the policies, terms, or content shall take effect immediately upon being posted on the Website, and your continued use of the Website constitutes acceptance of the updated terms.

PRIVACY AND PROTECTION OF PERSONAL DATA

We take the privacy and protection of your personal data seriously. To understand how we collect, use, and safeguard your information, we encourage you to review our Privacy Notice, which governs your use of this website and outlines our data processing practices.

Please be aware that the personal details you provide us with are crucial for processing and delivering your orders, handling billing, and establishing warranty agreements. In the event that you fail to provide accurate or complete information, we reserve the right to cancel your order.

By registering on the site, you expressly agree to provide us with true, accurate, and complete information that pertains to you. The provision of false, misleading, or incomplete information is strictly prohibited and may result in the immediate suspension or cancellation of your account or any pending orders. Additionally, such behavior may be subject to further action as stipulated by applicable laws and our Terms and Conditions.

We are committed to ensuring the security of your personal data and complying with all applicable data protection regulations. For more details on how we handle and protect your information, please refer to our Privacy Notice, which you agree to by using our website.

APPLICABLE LAW

By accessing and using the Furtico website, you agree that the laws of India, without regard to its conflict of law principles, will govern these Terms and Conditions of Use, as well as any dispute, claim, or legal issue arising from or relating to your use of the website, your interactions with Furtico, or any transactions conducted on the website. Any legal action or proceeding related to these Terms and Conditions shall be exclusively brought in the appropriate courts located within India, and you consent to the jurisdiction and venue of such courts.

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on the Website is presented solely for selling the Furtico Products in India.

Furtico makes no representation that materials on the Website are appropriate or available for use in any other Country other than the above-mentioned cities. Those who choose to access this site from other Country other than India do so on their own initiative and Furtico is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

You also agree that the courts of Pune, Maharashtra, India, shall have exclusive jurisdiction with respect to all disputes, which may arise between Furtico and you.

INDEMNIFICATION AND LIABILITY

You agree to indemnify, defend, and hold Furtico and its subsidiaries, affiliates, officers, promoters, directors, agents, co-branders, sponsors, distributors, or other partners, employees, consultants and representatives harmless from and against any and all claims, demands, actions, causes of action, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise or relate, directly or indirectly, out of, from or to (i) your breach of this Agreement or violation of any applicable law or regulation, (ii) any allegation that any materials that you submit to Furtico, infringe, misappropriate, or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, or any other rights of a third party, or (iii) access or use of the Site and/or the Services by you or anyone using your account. Users agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such Users use of the Platform, Furtico, any misrepresentation with respect to the data or information provided by Users in relation to their Account, Users violation of the Terms of Use, or Users violation of any rights of another etc. (iv) statements or conduct posted or made publicly available on the sites and/or the services.(v) any product or service purchased or obtained through the sites,
(vi) any damage caused by mistakes, inaccuracies, omissions, errors, interruptions or loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the sites or the services, (vii) any other failure of performance of the site or services or other matter relating to the site and/or the services, in each case whether or not caused by events beyond the control of our directors, officers, employees, contractors, agents or sponsors, including, but not limited to, acts of nature, communications line failure, theft, destruction, or unauthorized access to the site or services or content stored therein.

DISPUTE RESOLUTION

a) All disputes and differences which shall arise between the User and the Company or between the legal representatives of the user and the Company such disputes and differences shall be resolved in the manner provided in this clause.

b) The User and the Company also agree that they shall attempt to resolve through good faith consultation, disputes arising in connection with this Agreement, and such consultation shall begin promptly after a Party has delivered to the other Party a written request for such consultation.

c) Any dispute, which could not be settled by the Parties through amicable settlement (as provided hereinabove), shall be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. A notice of the intent to refer the dispute to arbitration may be given by a Party to the other Party.

d) The disputes shall be referred to a tribunal comprising three (3) arbitrators. The Respondent(s) and the Claimant(s) to the arbitration shall have the right to appoint one arbitrator each and the two arbitrators thus appointed shall choose the third arbitrator who will act as a presiding arbitrator of the tribunal (together forming the “Arbitral Tribunal”). In the event of failure by the Respondent(s) and/or the Claimant(s) to appoint their arbitrator(s) or by the two arbitrators appointed by the Respondent(s) and the Claimant(s) respectively to appoint the third arbitrator, the said arbitrator(s) shall be appointed by an Independent Company Secretary or Chartered Accountant in Practice.

e) Such arbitration shall, unless otherwise agreeable to the Parties, be held at Pune, India. All proceedings of such arbitration shall be in the English language.

f) The decision(s) of the Arbitral Tribunal shall be final and binding on the Parties.

GOVERNING LAW

This Agreement shall be a contract under the laws of India and for all purposes shall be governed by and construed and enforced in accordance with the laws of India.

FORCE MAJUERE

Neither Party shall have any liability under or be deemed to be in breach of the user agreement or the Agreement or terms, policies for any delays or failures in performance of these Terms and Conditions and the Agreement which results from circumstances beyond the reasonable control of that Party such as acts of god, fire, earthquake, tempest, flood, lighting, violence of any army or mob or enemies of the country, pandemics, epidemics, strikes or any other circumstances making it impossible to carry out the obligations under the policies.