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TERMS OF SERVICESIntroductionLiability DisclaimerAgreement to TermsUser EligibilityAccount RegistrationTerminationGeneral Use RestrictionsAvailability of ContentUser ContentThird-Party MaterialsPermitted Use and RestrictionsRights and RemediesInternational Access and JurisdictionApplicable LawDispute Resolution PrivacyIntellectual Property RightsTrademark, Copyright and RestrictionsDisclaimer of Warranties and LiabilitiesLimitation of LiabilityProduct DescriptionsPrices / Colour / Image / Size DisclaimerProduct Descriptions, Features, and SpecificationsOrder Acceptance PolicyPayment Terms

TERMS OF SERVICES

Introduction

The domain name www.thebloomingarts.com ("Website") is owned by BloomingArts. By using the Website, you agree to be bound by these Terms and Conditions. This document is an electronic record under the Information Technology Act, 2000.


Liability Disclaimer

Blooming Arts, its affiliates, and representatives are not liable for any purchases made through the Website. You waive all claims against Blooming Arts related to transactions on the Website.


Agreement to Terms

By using the Website, you agree to these Terms of Use and any applicable policies, including the Privacy Policy available at www.thebloomingarts.com/terms-and-condition. Continued use after changes to these terms indicates acceptance of those changes.


User Eligibility

Use of the Website is restricted to individuals who can form legally binding contracts under Indian Contract Act, 1872. Minors under 18 may use the Website only through a legal guardian. Blooming Arts reserves the right to terminate accounts of users who do not meet these criteria.


Account Registration

To use certain features, you must register an account, providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately of any unauthorized use of your account.


Termination

Blooming Arts may suspend or terminate your account for providing false information or violating these Terms of Use. Termination will revoke your access to the Website and Services, but certain provisions may survive termination.


General Use Restrictions

  • You may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute any part of the website or its content without the company's prior written consent.
  • Information purposely made available for download may be used for personal, non-commercial purposes, provided proprietary notices are not removed, and no modifications are made.

Availability of Content

Content availability on the site is not guaranteed. The company may remove or modify content at any time without notice.


User Content

  • Any content you submit to the site is considered non-confidential and non-proprietary.
  • The company has the right to use, modify, distribute, and display your content without compensation.
  • You grant other users a non-exclusive license to access and use your content.
  • You must own or have the rights to the content you post and ensure it does not violate any third-party rights.

Third-Party Materials

The site may contain content from other users, links to third-party sites, advertisements, and products/services from third parties.

The company is not responsible for third-party materials or interactions with third parties.

Use third-party materials at your own risk. 


Permitted Use and Restrictions

1. You are granted a limited, revocable, non-transferable license to access and use the site and content for personal use.

2. Commercial use or use on behalf of a third party is prohibited unless explicitly permitted by the company.

3. Specific prohibitions include:

(i). Hosting, displaying, or sharing unauthorized, harmful, offensive, or illegal content.

(ii). Engaging in activities that infringe on third-party rights.

(iii). Using automated devices or software to access or monitor the site.

(iv). Attempting unauthorized access to the site or related systems.

(v). Engaging in any form of spamming, phishing, or spreading of viruses.

(vi). The use of racist, hateful, sexual, or obscene language is prohibited.


Rights and Remedies

The company reserves the right to monitor and remove content that violates these terms.

It may refuse service, terminate accounts, and cancel orders at its discretion, especially if customer conduct is harmful or violates the law.


International Access and Jurisdiction

Accessing the site from outside India implies compliance with local laws. We are not liable for import duties, taxes, or legal breaches related to international orders.


Applicable Law

These terms are governed by Indian law, with exclusive jurisdiction in Jaipur Rajasthan courts.


Dispute Resolution 

Disputes can be raised via email. The company will mediate disputes and decide on refunds or replacements.

The Buyer Protection Program covers eligible buyers, subject to certain restrictions.


Privacy

Your privacy is crucial. We protect and process your information per the Information Technology Act, 2000. We may share information for legal reasons or business transfers. See our Privacy Policy for details.


Intellectual Property Rights

All content, including software and code on this site, is protected by intellectual property laws. Unauthorized reproduction or distribution is prohibited and subject to legal penalties.


Trademark, Copyright and Restrictions

Materials on the site are protected by intellectual property rights and are for personal, non-commercial use only. Unauthorized use is prohibited.


Disclaimer of Warranties and Liabilities

The website and all products are provided "as is" without warranties. We do not guarantee constant availability or accuracy of information. We are not liable for any reliance on information or products obtained from the site. Ensure product suitability before purchase. 

We may contact you via phone or SMS for order updates and promotions.


Limitation of Liability

We are not liable for loss or damage from reliance on information or products from our services or linked sites.

Users should evaluate the accuracy and usefulness of information independently.

Blooming Arts and its affiliates are not liable for indirect, exemplary, special, incidental, punitive, compensatory, or consequential damages, including loss of profits, revenue, data, or use. This applies even if the company has been advised of such possibilities. Liability for bugs, viruses, trojan horses, or similar issues is also excluded.


Product Descriptions

The company does not guarantee that product descriptions or other content are accurate, complete, reliable, current, or error-free.


Prices / Colour / Image / Size Disclaimer

All prices on the Services are subject to change. If a product is listed with incorrect pricing or information due to an error, we reserve the right to cancel orders before acceptance, even if the order has been confirmed and your credit card charged. In such cases, a credit will be issued to your account.

Customers must ensure that products meet their specific requirements. Product colors on the website may vary due to screen settings and other factors. For exact colors, visit a store before ordering. Product dimensions may slightly differ from those listed. No returns or refunds for minor size, color, or design variations (knobs and handles) unless factory faults.

We reserve the right to refuse transactions by buyers with a history of questionable charges or legal violations.


Product Descriptions, Features, and Specifications

Efforts are made to ensure products match the images and samples in store, but variations may occur due to theunique nature of materials:

1.⁠ ⁠Hand-finished products may vary in colour / shade between / batches.

2. A fabric alignment allowance is acceptable.

3. Product measurements are approximate, with a varianceof +/- 1-2 inches.

4. Leather, upholstery, cane and rustic finish products may have natural variations and blemishes.

5. We may alter product specifications as necessary. 

6. Promotional and customised product details may differ from regular catalogue items.


Order Acceptance Policy

Receiving an order confirmation does not signify our acceptance. We may decline or modify orders and require additional information before acceptance. Your order is accepted once shipping information is provided. If cancelled, your sole remedy is a credit to your account for the cancelled portion.


Payment Terms

You agree to pay the price at the time of order submission, including taxes and delivery fees. Payments are non- refundable, and late fees may apply. We use third-party payment processors and are not responsible for their errors.

For payment issues:

1. We are not liable for unauthorised transactions.

2. Transactions must be in Indian Rupees.

3. Documentation may be required to verify payment instrument ownership.


Blooming Arts may reject orders for reasons such as out-of-stock items, shipping restrictions, pricing errors, or other discretionary reasons.