Introduction
1- Welcome to The Merge Projekt terms and conditions of use. These Terms and Conditions apply to use of the website at www.themergeprojekt.com (hereafter referred to as “TMP Website”). You agree to accept and be bound by these terms and conditions by accessing the website and/or placing an order of purchase of any products listed on the TMP Website. Regardless of whether or not you choose to register with us or place an order with us, you confirm your acceptance of these terms and conditions on visiting the website.
2- You can access most of the pages of the website without registering your details with us. Certain areas of the website are only accessible after registration by the visitor.
3- Please read and familiarize yourself with these terms and conditions
4- NOTE: This document constitutes an “electronic record” under the provisions of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your Obligations
1- In these Terms and Conditions, and in the context of a registered user or where the context so requires, the term ‘You’ shall mean any natural or legal person who has agreed to become a member of the website by providing Registration Data while registering on the Website, or is browsing the website without registration.
2- You accept that The Merge Projekt has the right to amend these terms and conditions at any time without prior notice to you and consequently you agree to review these terms and conditions periodically and/or prior to each online visit or purchase from the TMP Website. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the TMP Website which will override these terms and conditions to that extent only. In that event, the other terms and conditions herein shall remain in full force. If you do not wish to accept any such expressly designated legal notices and conditions, you should discontinue the usage of the TMP Website.
3- You agree that in no event shall The Merge Projekt be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the TMP Website or for the delay or inability to use the website, or for any information, products, and services obtained through the TMP Website, or otherwise arising out of the use of the TMP Website, whether based on contract or strict liability or any other law or otherwise.
Registration & Other Obligations
1- As a new Registered User, these Terms and Conditions shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in filling your registration data and clicking on the ‘continue button’ as provided on the registration page. If you do not accept these terms and conditions, do not fill up your registration data or click “continue” on the Registration page.
2- You recognize that your Registered Data is for the purpose of processing your online purchase order and for providing ancillary services or products that may be offered by The Merge Projekt from time to time. You authorize The Merge Projekt to retain such data and to transmit the data to its various outlets/offices or to parties, which provide such services or products; in whichever country they may be located. You acknowledge that The Merge Projekt and/or its chosen partners may contact you via email or other means for your order or changes or alterations to the order or for promotional purposes. Details of these conditions can be found in the Privacy Policy document that can be found on the TMP Website.
3- You are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password.
4- You agree to provide accurate, true and completely updated information of yourself as requested by The Merge Projekt at the time of registration and/or from time to time. Should you provide any data or information which The Merge Projekt has reason to believe to be false, inaccurate or incomplete, The Merge Projekt shall have the right to terminate or suspend your account/membership and deny you access to the TMP website.
5- In using the website you agree that you will not :
5.a- omit, delete, forge or misrepresent information;
5.b- impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
5.c- engage in any activities intended to withhold or cloak identity or contact information;
5.d- send harassing and/or threatening messages to The Merge Projekt;
5.e- post excessive responses to interactive features or functions of this Site or
5.f- engage in ‘flooding’, i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the Merge Projekt email address)
6- You agree that you are responsible for your own communication and that you will not post, disseminate or transmit any content that:
a- infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party material which is the subject matter of copyright, without appropriate permission and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality;
b- you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or
d- posts, disseminates or transmits any worm, viruses or other harmful, disruptive or destructive files, code or programs on the TMP Website;
e- attempts to penetrate security measures of the web site, service or obtain or bypass user ID / passwords;
Eligibility
1- You shall use the website only if you are competent to enter into a legally binding contract under the provisions of the Indian Contract Act, 1872. If you are a minor and if you wish to purchase products through the TMP Website, you may do so through your legal guardian or parents who have registered themselves as Registered Users of the website. The Merge Projekt reserves the right to terminate your membership without assigning any reasons.
Your Online Order/Payment
1- You accept that upon ordering products online from the TMP Website you are deemed to have placed an order with The Merge Projekt for purchase of the specified products. You recognize that you can purchase products through the TMP website only through your membership account and all online payments will be accepted only through valid and authorized credit/ debit cards. The website secure server software (SSL) technology will encrypt all registered data, including your name, address, credit/ debit (“Card”) details and telephone numbers and ensure 100% safety in the online transactions you make on the website.
2- During the process of purchase on the website, you will be appropriately guided through various stages from choosing your products to confirmation of your payment and purchased items. A Maximum Retail Price(MRP) is displayed in relation to each product on the TMP Website and is inclusive of all applicable taxes at the current rates and is correct at the time of entering the information into the system.
3- The Merge Projekt reserves the right to refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. The Merge Projekt shall not be liable to you or any third party for withdrawing / adding / changing any products on the TMP website.
Delivery
1- Once you have made a valid online purchase of products from the website, The Merge Projekt will thereafter transmit a confirmation email to your registered email address informing you of the scheduled date of delivery of your Rugs.
2- The Merge Projekt will deliver your purchased Rugs to your doorstep, normally 3 weeks from the date of placing the Purchase Order on the website and realization of purchase order amount. If your premises are located within a gated and/or high rise complex, then you agree to make available adequate arrangements for smooth carriage by the carrier from such main gate of the complex to your doorstep irrespective of the floor of your premises. You agree to ensure that access is suitable for the delivery of the Rugs to your desired location. The Merge Projekt will not accept cancellation by you at the time of delivery on the ground that access to your desired location is not possible (e.g. doorway too small, insufficient space to manoeuvre the Rugs through the premises, road inaccessible to delivery van, etc.), subject to your general right of cancellation under the cancellation clause. Before ordering, you are under an obligation to ensure that there is adequate room to take your purchased Rugs through any doorways and windows of your premises, taking note of any restricted passageways, stairs and awkward turns.
3- The Merge Projekt will make every effort to carry out deliveries on the given date. The delivery date given to you is an estimate given in good faith. If The Merge Projekt finds subsequently that the estimate is inaccurate, The Merge Projekt will endeavour to inform you using the registered contact numbers and/or email address from your registered data.
5- All purchases of Rugs by you from the website are made pursuant to a shipment contract. You agree that the title to such purchased goods shall pass on to you once the goods are delivered by The Merge Projekt to the carrier for delivery to your doorstep. You agree that the carrier of the purchased goods to your premises shall be your agent.
Short Delivery, Defective Goods Or Damaged Goods
1- At the time of delivery, you should carry out a visual inspection of the Rugs before signing to declare that you have received your goods in good condition. To protect your interest, any claim made by you concerning short delivery and/or damaged and/or defective Rugs found on delivery, or concerning damaged or defective goods found at a later date, but not later than 7(seven) days from the date of delivery, must be notified to the customer care department of The Merge Projekt by e mail at sales@sh004.global.temp.domains damage caused by you at any time.
2- The Merge Projekt does not warrant to cover the effects of normal wear and tear, or damage caused by accident, movement, abuse or neglect of the purchased Rugs within your premises.
Cancellation & Returns Procedure
1- You may cancel your purchase order within a period of and in any event not later than, 2 (two) days from the date of purchase.
The Merge Projekt does not warrant to cover the effects of normal wear and tear, or damage caused by accident, movement, abuse or neglect of the purchased Rugs within your premises.
2- If you choose to cancel your purchase order after your Rugs has been dispatched, then the following procedure will apply;
2.a -Inform Customer Care: In case you choose to return your purchased Rugs for any reason, you should contact the customer care department of The Merge Projekt which will arrange to collect your purchased Rugs. The Merge Projekt will levy an appropriate collection charge depending upon the Rugs purchased and your location. You shall not return Rugs already delivered to you, beyond a period of 7 (seven) calendar days from the date of delivery of the Rugs.
2.b- Packing the Carpet – The carpet needs to be packed well. ensuring no damage during transit and transportation. Once we receive the carpet at the stipulated address an assessment will be carried out on the the condition of carpet, the amount will be refunded within 2 weeks. If it seems damaged, a certain Amount would be deducted.
3- Reimbursement: You will be reimbursed to the credit card with which you paid for the Rugs online, after deducting the appropriate collection charge, once the Rugs has been received back in good shape into The Merge Projekt Central Distribution Depot. For all other payment modes, refunds will be made through cheque or NEFT payment as applicable at the billing address within 2 weeks of resolution.
4-If Carpet has been damaged: If it is found by The Merge Projekt that the Rugs returned by you is not in a fully re saleable condition, then The Merge Projekt reserves the right to refuse a refund on such Rugs, or shall deduct an amount which may be up to 50% of the original selling price from the refund amount.
Product Description
1- Each product purchased by you online is sold subject to its Product Description. The Merge Projekt will take all reasonable care to ensure that all details, descriptions and prices of products displayed on the TMP Website are correct at the time when the relevant information was entered into the system. Although the TMP Website is kept as up to date as possible, information including Product Description, appearing on the website at a particular time may not always reflect the position at the exact moment you place an order.
2- The Merge Projekt reserves the right to withdraw any products from the TMP Website at any time and/ or remove or edit any materials/ pages or content on the TMP Website.
3- Actual colours may be little different form images on the web due to the photography limitations and different screen settings of Computers/ Mobiles.
Electronic Communication
1- You agree that your use of the TMP Website for any purpose such as, but not limited to, sending communication via email or otherwise, information or data, constitutes communication with The Merge Projekt public via electronic records and you consent to receive communication via electronic records from The Merge Projekt periodically or as and when required. You accept that communication by The Merge Projekt through courier, post or electronic means constitutes proper service of notice or electronic records.
Intellectual Property
1- is the exclusive proprietor of the trademark “The Merge Projekt ” as well as its stylized logo script of the letters “The Merge Projekt ” having a unique colour combination (referred to as “the trademark”) as depicted on the website and in other material. The Merge Projekt is in the process of registering the trademark under the Trade Marks Act, 1999 in various classes. The Merge Projekt also has the exclusive copyright on the designs of the products sold by it. Any person / organization using the trademark illegally or without due authorization, or any other mark which may be deceptively similar to the trademark or any other intellectual property owned by The Merge Projekt shall be proceeded with in accordance with law and such legal action may entail criminal and/or civil proceedings in the Competent Courts.
2- The Merge Projekt is the exclusive proprietor/owner of the copyright of the design, layout, content and software of the website and all printed material including, but not limited to, brochures, fliers etc. and any infringement and/or unauthorized use thereof will be vigorously dealt with in accordance with the law.
Disclaimer
1- The information contained in the TMP Website is only for your general information about The Merge Projekt. It does not constitute advice and you should not rely upon such information for making/ refraining from making any decision.
2- The Merge Projekt hereby excludes any warranty, either express or implied, as to the correctness, completeness, timeliness, accuracy, fitness for a particular purpose of the TMP Website or any of its contents.
3- By accessing the website you agree that The Merge Projekt will not be liable for any direct/indirect or consequential loss, damages or compensation arising from the use of the information and material contained in the TMP Website or from your access of other material on the internet via web links for/from the TMP Website.
Dispute Resolution
1- Any dispute relating to any of these terms and conditions or any transaction of purchase conducted by you though the TMP website shall be submitted to sole arbitration under the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by The Merge Projekt. The award of the arbitrator shall be final and binding on you as a decree of a court of law. The jurisdiction and venue for arbitration shall be at New Delhi, India only.
Disclaimer
1- If any clause (or part of a clause) of this agreement is found by any Court or Authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall continue to subsist and remain in force.
Jurisdiction
1- By accessing this website you agree that only the Courts in Mumbai, India shall have the jurisdiction to entertain any suit or other proceedings by or against The Merge Projekt.
Pricing Information
1- Prices will include all applicable taxes and charges extra needs to be specified. The Merge Projekt provides Free shipping worldwide (any Customs/ Octree charges will payable directly to the courier company, by the customer). The Merge Projekt reserves the right to revise prices in future.