1.1 These terms of offer for sale ("Supply Terms") apply to products and services purchased via www.cowboyfactory.com (“the Website”) which is a website owned and operated by COWBOY ENTERPRISES PRIVATE LIMITED, a company incorporated under the Companies Act, 1956, and also a “company” under the Companies Act, 2013 ("Company" or " cowboy enterprises" or "We" or "Us" and its successors and assigns). Under these Supply Terms the users of the website will be referred to as ("You" or "Your" or "Yourself" or "User" or “Customers”).
1.3. IF YOU DO NOT AGREE WITH THE SUPPLY TERMS, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
2.1. The Website is a platform for online sale of furniture and home decor merchandise (“Products”) and allied services ("Services") offered by Cowboy enterprises and the purchase of Products and Service by you. For point of clarity, the Products and Services are manufactured and sold, under the brand “COWBOY”, which is owned by cowboy enterprises. Cowboy enterprises also delivers the Products to You directly or through its authorized partner.
2.2. Cowboy enterprises has the right to change or discontinue any Products and Service at any time, without notice. Cowboy enterprises may add or modify the procedures, modes, processes or conditions of purchase at any time. Cowboy enterprises shall not be liable to You or to any third party for any modification, suspension or discontinuance of any Product or any aspect of the Services.
3. PRODUCTS AND SERVICES
3.1. Cowboy enterprises sells a variety of Products. Services, such as shipping, in relation to the Products shall be per the cowboy enterprises's policy, which may be changed by Cowboy enterprises from time to time.
4.1. You should take all responsibility for Your own actions in utilizing the Products and Service and the Website in relation to the Services availed or purchased by You and cowboy enterprises shall not be liable for any such action or consequence thereof.
4.2. You represent that You are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the laws as applicable in India.
5. PRICING INFORMATION
5.1. The Pricing Information relating to the Product shall be as displayed on the Website and as disclosed to You at the time of Your purchase/order.
5.2. cowboy enterprises does not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
5.3. While Cowboy enterprises strives to provide accurate information relating to Products and Services including pricing information, but typographical and other errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error, cowboy enterprises will have the right to modify the price of the Product or Services and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If cowboy enterprises cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
5.4. The following discount coupons are not allowed to be used during the sale period: Employee discounts, Employee Referrals & Sign-up Promotion (FTC), if any. All vouchers which are equivalent to cash will still be applicable - Customer referral codes and vouchers, Large Cart Vouchers, any replacement/gift vouchers customers might have received. Cowboy enterprises reserves the right to change the discounts offered at any time during the sale and without prior notice.
6. CREDIT CARD DETAILS
You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide valid, correct and accurate credit / debit card details to the approved payment gateways for purchasing Products or availing Services on the Website. You shall not use the credit / debit card that is not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card details. Cowboy enterprises expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card
7. DELIVERY OF THE PRODUCT
7.1. Your shipping address and pin code will be verified for serviceability with the database of cowboy enterprises before You proceed to pay for Your purchase. If Your order is not serviceable by representatives of cowboy enterprises or the area/pin code is not covered, we will request You to provide us with an alternate shipping address which we expect to have within cowboy enterprises’s serviceable area. If there is any dispute regarding the shipment of the Product or delivery of Services for the area not covered by cowboy enterprises, cowboy enterprises will not be responsible for the non-delivery of the Product or Services. You can make purchases on the website from anywhere in the world but the shipping address must be within India, in an area serviceable by us.
7.2. In case You book multiple orders for the Products and Services in one transaction, efforts will be made to ship all Products together. However, this may not always be possible. Once the Products ordered by You reach the nearby delivery center and cowboy enterprises makes Delivery Attempt once, and You cancel the delivery the Products, cowboy enterprises will try to hold the Products in the delivery centre for a week, beyond which if You do not take the delivery of the Products, cowboy enterprises shall be free to cancel the order.
8. CANCELLATIONS, RETURNS AND REFUNDS
8.1. Cancellation prior to delivery - You can cancel your order for any Product at any time prior to its delivery. For cancellation requests please get in touch with us on our customer care number or write to Us at firstname.lastname@example.org. For cancellations made before a delivery attempt, any advance paid will be refunded as per cowboy enterprises’s refunds policy. A delivery attempt is defined as a visit to Your ship-to address for delivery purposes (“Delivery Attempt”). However, in case of cancellation of any Made to Order Product (“MTO”) prior to delivery, any and all advance paid by You shall be forfeited.
8.2. Cancellation at the time of delivery - In case you are unhappy with a Product, you may return the same on the spot, at the time of delivery. Cancellation at the time of delivery is not allowed for MTO Products.
8.3. Cancellation after delivery - Products once delivered cannot be returned.
8.4. Cancellation of Services after delivery– For Products delivered, Services cannot be cancelled.
8.5. Items bought on discount during sale are not eligible for cancellation after delivery.
8.6. In case, You receive a damaged Product, please bring it to the notice of the delivery personnel, Service Associate or other responsible personnel immediately. In case you notice an issue later, please get in touch with us on our customer care number or write to Us at email@example.com. Damage or defect will be assessed in 1-2 days and a solution may be offered. If in the opinion of cowboy enterprises the Product is defective, the Product may be replaced or any other corrective measure may be taken, as deemed appropriate by the representative of cowboy enterprises, to address the issue. However, if in the opinion of cowboy enterprises there is no defect in the Product, cowboy enterprises shall return the same Product back to You and no further action will be taken. Cowboy enterprises shall have the sole right to determine whether a Product is defective or not.
8.7. The cancellation policies mentioned here do not apply to certain pincodes. To know the specific cancellation policy for your delivery location, please enter your pincode in the box provided on every product page.
• RETURNS OR REPLACEMENTS: -
8.8. If you happen to receive a damaged or defective Product, or a Product that does not comply with the specifications as per your original order, you can return it on the spot, at the time of delivery. No requests for return will be accepted post delivery.
8.9. If You are eligible for a refund or a promotional code (as the case may be), the same shall be given to You as per the following guidelines -:
a) All refunds process initiation shall be subject to pick up of all cancelled items from Your/customer's premises.
b) The refund amount for the orders paid online or paid via credit/debit card at the time of delivery will be refunded within 7-10 working days from the date of initiating the refund through the online account, or will be refunded to the same card, depending on the most suitable circumstances as determined by Cowboy enterprises.
c) The refund amount for the order paid vide cash on delivery option, will be initiated within 4-6 working days, and the order amount will be credited to Your bank account via NEFT.
d) The refund vide a promotional code, for the orders paid online will be provided to you within 7-10 working days through hard copy or e-mail depending on the most suitable circumstances as determined by cowboy enterprises.
e) A promotional code once used shall not be re-activated in case of cancellation of order, either by the customer or by Cowboy enterprises.
9. Shipping And Delivery
9.1. In case we are yet to start delivery and post sales services in your City, whenever cowboy enterprises finds it operationally possible, we may deliver the product at your doorstep (provided a) You make advance payment of the entire order amount at the time of placing the order and b) the transportation cost is borne by you at actuals in advance). For such areas we will not be able to provide installation service and the Products will not be covered under any warranty. However, at cowboy enterprises’s sole discretion, cowboy enterprises may solve any post sales related issues and provide installation services, provided you get the Product to the nearest Delivery Center at your own cost and risk. Please get in touch with the customer service at the call centre for further enquiries.
9.2. Please note cowboy enterprises does not give any kind of After Sales Service where the sales have been made to business or corporate offices.
9.3. The prices on Website are subject to price fluctuations, due to various factors. Once an order is placed by you, you will be liable to pay such amount as was displayed on the date of the order and the invoice.
9.4. We deliver to certain pincodes only conditionally. In such cases, you may need to make an advance payment or minimum purchase value for your order to be eligible for delivery. For such locations, warranty, and after-sales service will also not be available. To know the exact conditions for your delivery location, please enter your pincode in the box provided for this on every product page.
9.5. All Services are provided on an “as is” basis. Cowboy enterprises makes no warranties, whether express or implied, in relation to the Services, in particular those of merchantability, non-infringement or fitness for purpose.
10. Warranties and Claims.
Please note the standard warranties and the conditions for usage of the Products in relation to each Product. No claim (a) that is contrary to the above or (b) where Products have been used contrary to the conditions of usage; will be entertained.
11. Indemnification and Limitation of Liability
11.2. In no event shall cowboy enterprises, its officers, directors, employees or partners be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Cowboy enterprises has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Cowboy enterprises's entire liability to You under this Terms of Offer For Sale or otherwise shall be limited to the refund of the moneys paid by You, for any Product or Service in connection with r which the claim has arisen, which amount shall be refunded You.
12. Governing Law
12.1. These Supply Terms and the relationship between You and Cowboy enterprises shall be governed in accordance with the laws of India without reference toconflict of laws principles.
12.2. All claims, differences and disputes arising under or in connection with or in relation to these Supply Terms or any transactions entered into on or through the Website or the relationship between You and cowboy enterprises shall be subject to the exclusive jurisdiction of the courts at Hyderabad and You hereby accede to and accept the jurisdiction of such courts.