Terms and Conditions

PRODUCTS SUPPLY

Terms and Conditions

1. General

1.1 These terms of offer for sale (“Supply Terms”) apply to products and services purchased via www.beigeandwenge.com (“Website”) and instances thereof, including any and all related mobile applications, owned and operated by INKEDHOMES LUXE DÉCOR SOLUTIONS PRIVATE LIMITED, with registered office address at Flat No. 1804, Pegasus, Wing-A, Meenakshi Sky Lounge, Sy. No. 50-51, NAC Road, HITEC City, Hyderabad – 500081, a company incorporated under the Companies Act, 1956, and also a company under the Companies Act, 2013, hereinafter referred to as “the company”, “Beige & Wenge”, “we”, “us” or “our”, which expression, unless the context otherwise requires, shall mean and include its successors, liquidators and assigns.

1.2 The users or customers of the Website shall be referred to as “You” or “Your” or “Yourself” or “User” or “Customer” in the context of these Supply Terms and, unless the context otherwise requires, shall include your legal heirs, receivers, successors, liquidators and permitted assigns.

1.3 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.

1.4 Please read these Supply Terms carefully before purchasing any products or availing any services on the Website. Any purchase made by you through the Website shall be construed as your acceptance of these Supply Terms and your agreement to be legally bound by the same.

1.5 If you do not agree with these Supply Terms, then you shall not access the Website for any purchases.

2. Business

2.1 The Website is a platform for online sale of home decor merchandise (“Products”) and allied services (“Services”) offered by Beige & Wenge and the purchase of these products and services by you. The products and services are curated and sold, under the brand name of “Beige & Wenge”, which is owned by INKEDHOMES LUXE DÉCOR SOLUTIONS PRIVATE LIMITED.

2.2 We have the right to change or discontinue any products and services at any time, without prior notice, and may add or modify the procedures, modes, processes or conditions of purchase at any time. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of any products or any aspect of the services.

3. Products and Services

3.1 A variety of products and services are sold online by Beige & Wenge. Services, such as shipping in relation to the products, shall be as per our policy, which may be changed by us from time to time.

3.2 The products or services may have limited quantities and are subject to return or exchange only according to our returns and exchange policy (see section 9 below).

3.3 Every effort is made to display, as accurately as possible, the colors of our products that appear at our online store. However, there may be differences in how those colors appear on your computer display. Though we provide exact information on the displayed products, we cannot affirm you with the exactness of the products as the products may be handmade and curated and also contain natural wooden products which may look a little different from item to item.

3.4 The description and pricing of products are subject to change at any time without notice at the sole discretion of our company. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is valid only until the period mentioned on the Website.

3.5 We reserve the right, to limit the sales of our products or services to any person, geographic region or jurisdiction. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping addresses. We reserve the right to refuse any order you placed with us. In the event that we make a change or cancel an order, we may attempt to notify you by sending an e-mail or contact at the billing address/phone number provided at the time the order was made. We reserve the right to prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

3.6 We shall not be liable for any actions or consequences there of in utilizing the products purchased or services availed by you on our Website. You should take all responsibility for all such actions by you.

4. Pricing Information

4.1 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.

4.2 We do 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. Errors, Inaccuracy & Omissions

While we strive to provide accurate information relating to products and services including pricing information, occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the product or service is inaccurate at any time without prior notice (including after you have submitted your order).

6. Credit Card Details

Your credit card or debit card or e-wallet details are required to be provided to our approved payment gateways while making the payment and you agree to provide valid and correct credit/debit card or e-wallet details for purchasing products or availing services on the Website. You shall not use the credit/debit card or e-wallet that is not lawfully owned by you. You will be solely responsible for the security and confidentiality of your credit/debit card or e-wallet. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit card or debit card or e-wallet. We will not share your credit card or debit card or e-wallet information with any third party unless required in relation to fraud verifications or by law or regulation or court order.

7. Payment

7.1 Beige & Wenge may employ PayUmoney and/or such other third-party facilities for payments on our Website. Such payments can be made through the electronic transactions, as may be permitted by us at our sole discretion. Use of such third-party services will be governed by their user agreement, seller terms & conditions and other rules and policies as may be applicable to your purchases.

7.2 We are not responsible or take no liability of whatsoever in nature in respect of any loss or damage arising directly or indirectly to you, while availing any of the payment method(s) offered by us, due to the following, but not limited to, payment related issues:

• Lack of authorization for any transactions
• Decline of transactions for any other reasons
• Exceeding the pre-set limit mutually agreed between you and your bank

8. Delivery of the Product

8.1 Before shipping your order to you, we may request you to provide supporting documents (including but not limited to government issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase so as to ensure safe and fool proof online shopping environment to our customers.

8.2 We will verify your shipping address for serviceability. If your order is not serviceable by representatives of us, we will request you to provide us with an alternate shipping address. If there is any dispute regarding the shipment of the products or delivery of services to the area not serviced by us, we will not be responsible for the non-delivery of the products or services.

8.3 In case you book multiple orders for the products and services in one transaction, efforts will be made, wherever possible, to ship all products and provide the services together.

9. Cancellations, Returns, Exchanges and Refunds

9.1 Beige & Wenge shall make all endeavors to deliver defect free products to the customers. Products purchased on our Website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to us within 24 hours of its receipt. Any communication received after 24 hours of delivery shall not qualify for return even if the said product has been wrongly delivered.

9.2 We will not be able to accommodate any cancellation or replacement requests once we have delivered the product unless there are any damages or manufacturing defects. Incase of change of mind or ordered by mistake, please contact our customer support team within 2 hours after placing order. Cancellation after 2 hours of placing order , a 20 % restocking fee will be charged .Customers must be present at the time of delivery to check for any possible manufacturing defects and damages. Should there be any manufacturing defect or damage , the same must be informed to our Service Associate immediately and contact our customer support team within 24 hours. Any claims after 24 hours of delivery are not valid. Once the claim is approved we will arrange for pickup. Refund will be initiated and processed within 7-10 working days after we receive the  product.

9.3 We hold the sole discretion to determine whether a refund can be issued or an exchange is permitted.

9.4 Each return or exchange request is handled on a case by case basis and we request customers to get in touch with our customer support team for prompt resolution of such cases.

9.5 All product dimensions and materials are mentioned on each product description. Size related exchange requests will not be entertained at any time.

9.7 Cancellations

9.7.1 Cancellation prior to delivery – You can cancel your order for any product at any time prior to its delivery, without any charges, provided the product has not already left our warehouse (typically 2 hours). Beyond this timeframe, you may cancel the order with a 20% restocking fee which we will deduct from the refund amount. For cancellation requests you can get in touch with us on our customer care number or write to us at support@beigeandwenge.com

9.7.2 Cancellation after delivery/installation – Products once delivered and installed cannot be returned.

9.7.3 Cancellation of services after delivery/installation – For products delivered, services ordered cannot be cancelled.

9.8 Returns or Exchanges

9.8.1 If you happen to receive a product that does not comply with the specifications as per your original order or received a damaged or defective product, inform our service associate immediately, and please contact/ email our customer care within 24 hours of delivery at support@beigeandwenge.com with your order number, date of transaction, delivery address and image of the wrongfully delivered or defective item. Our customer care team will respond to the issue within 48 working hours.

9.9 Refunds

9.9.1 No refunds would be given if the customer has provided wrong or incomplete shipping or package is refused by the recipient. In case of 3 failed delivery attempts by our shipping agency, shipping charges won’t be refunded and also an additional return shipping charges will be deducted and only the balance amount will be refunded to the customer.

9.9.2 If you are eligible for a refund, the same shall be given to you as per the following guidelines:

• All refunds process initiation shall be subject to pick up of all cancelled/returned products from customer’s premises.
• The refund amount for the orders paid online or paid via credit/debit card at the time of purchase will be refunded within 7-10 working days, from the date of receiving the returned product, through the online account, or will be refunded to the same account, depending on the payment method.
• Any promotional code once used shall not be re-activated in case of cancellation of order, either by the customer or by us.

10. Warranties and Claims

Please read the standard warranties and the conditions for usage of the products in relation to each product. No claim, that is contrary to the above or where products have been used contrary to the conditions of usage, will be entertained.

11. Indemnification and Limitation of Liability

11.1 You agree to indemnify, defend and hold harmless Beige & Wenge and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees from and against any and all losses, liabilities, claims, damage to life and/or property, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Supply Terms applicable to the purchase of products and/or services.

11.2 In no event shall Beige & Wenge and 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 we have 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, our entire liability to you under these Supply Terms or otherwise shall be limited to the refund of the monies paid by you, for any product or service in connection with which the claim has arisen, which amount shall be refunded to you.

12. Breach of Contract

12.1 In the event you are found to be in breach of these Supply Terms or privacy policy or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users, or to us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

12.2 Notwithstanding the foregoing, if you breach these Supply Terms or privacy policy, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

12.3 Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

13. Severability

We reserve the right to make changes to our site, policies and these Supply Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

14. Waiver

The failure by Beige & Wenge to enforce at any time or for any period any one or more of the terms or conditions of the agreement shall not be a waiver by us of that provision or the right.

15. Force Majeure

Failure on the part of Beige & Wenge to perform any of its obligations and the non-fulfilment of the service, shall not entitle you to raise any claim against us or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by any obligation set forth in this agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of us that directly or indirectly hinders or prevents us from commencing or proceeding with consummation of the transactions contemplated hereby.

16. Governing Law

16.1 These Supply Terms and the relationship between you and us shall be governed in accordance with the laws of India without reference to conflict of laws principles.

16.2 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 us shall be subject to the exclusive jurisdiction of the courts at Hyderabad and you hereby accede to and accept the jurisdiction of such courts.

17. Grievances

Any grievances you have by way of use of the Website can be addressed to the ‘Customer support’ team by way of email to support@beigeandwenge.com .The ‘Customer Care’ shall thereafter consider the same and provide a response within 48 working hours of the date of such complaint/grievance.

WEBSITE USAGE

Terms and Conditions

1. Scope

1.1 These terms and conditions of use (“Usage Terms”) of the Website www.beingeandwenge.com (“Website”) and instances thereof, including any and all related mobile applications, between INKEDHOMES LUXE DÉCOR SOLUTIONS PRIVATE LIMITED, with its registered office address at Flat No. 1804, Pegasus, Wing-A, Meenakshi Sky Lounge, Sy. No. 50-51, NAC Road, HITEC City, Hyderabad – 500081, a company incorporated under the Companies Act, 1956 and also a company under the Companies Act, 2013, hereinafter referred to as “the company”, “Beige & Wenge”, “we”, “us” or “our”, which expression, unless the context otherwise requires, shall mean and include its successors, liquidators and assigns, by the users of the Website (“You” or “Your” or “Yourself” or “User”, which expression, unless the context otherwise requires, shall include your legal heirs, receivers, successors, liquidators and permitted assigns) describe the Usage Terms on which the company offers you access to the Website.

1.2 This agreement shall come into effect for each visit and usage of the Website. Please read the Usage Terms carefully before using, viewing, accessing or registering on the Website or accessing any material, information or services through the Website. Your use of the Website or the services provided by the Website shall be construed as your unconditional acceptance of these Usage Terms and your agreement to be legally bound by the same.

2. General

2.1 Beige & Wenge owns and operates the Website, which is an Internet based portal for offering its products and services. Use of the Website is offered to you subject to acceptance of all the terms, conditions and notices contained in this Usage Terms, along with any amendments made by the company at its sole discretion and posted on the Website. By using this Website or any service provided via this Website in any way or merely browsing the Website, you agree that you have read, understood and agreed to be bound by these Usage Terms and the privacy policy available at the homepage.

2.2 Both the Registered-User, who has agreed to become a member of the Website by providing registration data while registering on the Website as Registered-User, and a casual user who has used the Website without becoming a Registered-User, accept this electronic record as the user agreement. A Registered-User is allocated a unique identification user name and password (“User ID” and “Password”) to become a Registered-User.

2.3 If you do not agree to the Usage Terms of this user agreement, please do not click on the “check box” and on the “continue” button or any other button and do not seek to obtain access to or otherwise use the Website.

2.4 Any changes made to these Usage Terms may not be notified to you. The revised Usage Terms shall be made available on the Website. Your use of the Website is subject to the most current version of the Usage Terms made available on the Website at the time of such use. It shall be your responsibility to check the Usage Terms periodically for any changes. The company may require you to provide your consent to the updated Usage Terms in a specified manner before any further use of the Website and the services. If no such separate consent is sought, your continued use of the Website will constitute your acceptance of such changes.

3. Products and Services

Please refer to terms of offer for sale (“Supply Terms”), which are also available on the Website.

4. Eligibility to Use

4.1 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872, and any other applicable law for this purpose.  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. If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this user agreement and you have the authority to bind that business entity to this user agreement.

4.2. Beige & Wenge reserves the right to refuse access to the Website, and/or purchase any of the products and/or use the services offered at the Website to new users or to terminate access granted to existing users at any time for any reason or without providing any reasons.

5. User Account, Password, and Security

5.1 Beige & Wenge may make the products and/or services available only to users who have created an account on the Website by providing required user information. Such customers will be allocated a user ID and password (collectively, the “Account Information”).

5.2 You shall ensure that the account information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s account information for availing the services is expressly prohibited.

5.3 You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. In the absence of such notification from you, any purchase transaction made on the Website through your account and/or in your name shall be binding on you. We will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by us or any other user or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

5.4 If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

6. Pricing Information

Beige & Wenge endeavors to make available products and services at the best possible prices and terms. Information relating to pricing of products, terms of purchase of products, and availing any services, through the Website, are detailed under the terms of offer for sale (“Supply Terms”).

7. User Obligations

7.1 Beige & Wenge grants you a non-exclusive, limited privilege to access and use this Website subject to compliance with the Usage Terms.

7.2 You agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Usage Terms; and (b) any applicable law, regulation or generally accepted practices in the relevant jurisdictions.

7.3 You agree to comply to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you will access on the Website in accordance with the Usage Terms and particularly of Section 8 and Section 11 below.

7.4 You agree not to access (or attempt to access) the Website and the materials or services by any means other than the interface provided by us. Usage of any deep-link, spider, robot or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website is strictly prohibited.

7.5 You may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable during access or use of the Website. We disclaim all liabilities arising in relation to such offensive content on the Website. You may report such offensive content to us.

7.6 You hereby undertake to ensure that material posted by you, if you are allowed to post and upload, is not offensive and is in accordance with applicable laws. Further, you undertake not to:

• Defame, abuse, harass, threaten or otherwise violate the legal rights of others
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword
• Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website
• Engage in any activity that interferes with or disrupts access to the Website or the servers and networks which are connected to the Website
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website or to any of the products and services offered on the Website
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the Website or any other customer of us, including any Beige & Wenge Account not owned by you, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website or with any other person’s use of the Website
• Use the Website or any material or content for any purpose that is unlawful or prohibited by the Usage Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or other third parties
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

7.7 You agree that you are solely responsible to us and to any third party for any breach of your obligations under these Usage Terms and for the consequences (including any loss or damage which we or our affiliates may incur or suffer) for any such breach.

8. Third Party Tools & Links

8.1 We may provide you with access to third-party tools over which we neither monitor nor has any control on input.

8.2 We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

8.3 Certain products and services available on our Website may include material from third-parties. Clicking on these links may direct you to third-party websites. Use of such third-party products or services will be governed by their user agreement, seller terms & conditions and other rules and policies as may be applicable to your purchase. You are required to review carefully the third-party’s policies and practices before you engage in any transaction.

8.4 We are not responsible for examining or evaluating the content or accuracy of third-part websites and we do not warrant and will not have any liability or responsibility for any third-party material or services.

9. Intellectual Property Rights

9.1 The Website and the processes, their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by us and the design, structure, coordination, expression, look and feel of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

9.2 The trademarks, logos and service marks displayed on the Website are the property of us. You are not permitted to use this intellectual property without the prior consent by us.

9.3 We own all intellectual property rights to the trademark “Beige & Wenge” and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

9.4 Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from us.

9.5 If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the site or a Website otherwise owned or operated in conjunction with us shall not be deemed to be in the public domain but rather the exclusive property of us, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use by us, unless otherwise stated.

10. Disclaimer of Warranties & Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:

10.1 You shall indemnify, defend and hold harmless Beige & Wenge from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Usage Terms or any additional terms applicable to purchase of products and/or services, or any violation of the Usage Terms and/or Supply Terms or other terms and conditions relating to the use of the Website and the purchase of products.

10.2 In no event shall Beige & Wenge, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable or whether or not we have 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/or availing of any services herein.

10.3. We will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any products or services or materials, either with or without your knowledge. We shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to any invalidity of any kind.

10.4. Notwithstanding anything to the contrary contained in these Usage Terms and/or Supply Terms, our entire liability to you shall be limited to the amount of the monies paid by you for or towards any product or service, in connection with which the claim has arisen, which amount shall be refunded to you, in case the claim is proven by an order of the court or any competent authority.

10.5. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

11. Violation of the Website Usage Terms

Beige & Wenge may, in its sole discretion and without prior notice, terminate your access to the Website if we determine that you have violated the Usage Terms. Any violation by you of the Usage Terms will constitute a breach, and will cause irreparable harm to us, for which monetary damages is likely to be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

12. Termination

12.1 The Usage Terms will continue to apply until terminated by either you or us as set forth below. If you want to terminate your agreement with us, you may do so by closing your account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from, or are related to your use of the Website prior to such termination, or any product purchased by you or any services availed by you prior to such termination.

12.2 We may at our discretion and at any time with or without notice terminate or suspend the Usage Terms without cause or with cause if:

12.2.1 You breach any of the provisions of the Usage Terms, the privacy policy or any other terms, conditions, or policies that may be applicable to you;

12.2.2 We are required to do so by law (for example, where the sale of products or provision of the services to you is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations);

12.2.3 The sale of products or provision of the services to you by us, in our opinion, is no longer commercially viable;

12.2.4 We have elected to discontinue, with or without reason, access to the Website, providing any of the services (or any part thereof) either in general or specifically to you;

12.2.5 For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and / or Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with You or inside your Account (or any part thereof); and (iii) barring of further use of the Website or providing any services. We may also delete any content or other materials relating to your use of the Website.

12.3 We shall not be liable to you or any third party for any such termination.

12.4 Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.

13. Dispute Resolution

13.1 This agreement shall be construed and the legal relations between you and us hereto shall be determined and governed according to the laws of India. If any dispute arises between you and us regarding your use of the Website or your dealing with us in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the terms & conditions and/or privacy policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the courts of Hyderabad.

13.2 Your obligations to pay the payment fees shall not be suspended during the pendency of such proceedings.

14. Report Abuse

In the event you come across any abuse or violation of these Usage Terms or if you become aware of any objectionable content on the Website, you may please report to support@beigeandwenge.com

15. Privacy Policy

You confirm that you have read and fully understand the privacy policy of us in respect of the Website. You further consent that the terms and contents of such privacy policy are acceptable to you.

16. Newsletters and Communications

You hereby expressly agree to receive communications and newsletters from us by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from us at any time by following the procedure set forth in the newsletters.

17. General Provisions

17.1 Notice: All notices from Beige & Wenge will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to us pursuant to these Usage Terms should be sent to support@beigeandwenge.com

17.2 Assignment: You cannot assign or otherwise transfer the Usage Terms, or any rights hereunder to any third party. Our rights under the Usage Terms of Use are freely transferable by us to any third parties without the requirement of seeking your consent.

17.3 Feedback and Information: Any feedback you provide to this Website shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) you are not entitled to any compensation or reimbursement of any kind from us for the feedback under any circumstances.