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TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS. THESE TERMS OF SALE ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, TERMS OF USE AND ALL OTHER POLICIES OF THE WEBSITE. SELLER MAY INCLUDE ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS OF SALE IN THE PRODUCT LISTING OR PRODUCT DESCRIPTION AS MADE AVAILABLE ON THE WEBSITE ('ADDITIONAL TERMS OF SALE'). IF THERE IS ANY CONFLICT BETWEEN THESE TERMS OF SALE AND THE ADDITIONAL TERMS OF SALE, THE ADDITIONAL TERMS OF SALE SHALL TAKE PRECEDENCE TO THE EXTENT OF SUCH CONFLICT AND IN RELATION TO THAT SALE. IF A BUYER DOES NOT AGREE TO THESE TERMS OF SALE AND ADDITIONAL TERMS OF SALE, PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCT LISTED ON THE WEBSITE.

The Terms of Sale are as follows:

  1. These standard terms of sale ("Terms of Sale") are an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and Rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These terms of sale do not require any physical, electronic or digital signature.
  2. This is a legally binding document between Buyer and Seller; where the Seller has made the offer to sell the products by listing the same on the website and theBuyer has accepted such offer of the seller by agreeing to buy the product so offered on the website. These Terms of Sale will be effective and binding on the Seller upon the Seller advertising, exhibiting and creating a listing of the product on the website, and shall be effective and binding on the Buyer upon theBuyer agreeing to purchase the products so listed by the seller.
  3. Under thesesTerms of Sale, a User (whether guest user or registered user) who purchases various products (as defined below) from the Seller on the website located at the URL https://plateandpeonie.comand mobile application under the name and style "Plate and Peonie" (the Website) is referred to as "Buyer" and the Seller includes M/s. Plate and Peonie LLP, its agents and assignees. These Terms of Sale describe, inter alia, the terms of offer for sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("Products") through the website from the Seller. These Terms of Sale also contain certain statements and disclaimers made by Seller ("Plate and Peonie") which shall be binding on the Buyer.
  4. These Terms of Sale are subject to revision at any time and hence the Buyers are requested to carefully read these Terms of Sale from time to time before making any purchase of the products. The revised Terms of Sale shall be made available on the Website. If such a facility is provided, the Buyer may determine when these Terms of Sale were last modified by referring to the "Last Updated" legend provided above.
  5. The Buyeris requested to regularly visit the Website to view the latest version of the Terms of Sale. It shall be the Buyer's responsibility to check these Terms of Sale periodically for changes. The Buyer may be asked to provide specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, the Buyer's continued use of the Website following such changes and modifications to the Website or these Terms of Sale will constitute the Buyer' acceptance of such changes or modifications.
  1. OFFER AND ACCEPTANCE OF THE PRODUCT:
  2. The Seller hereby makes an offer to sell the products listed by Seller on the Website and the Buyer upon agreeing to purchase the products so listed by the Seller hereby accepts such offer to sell by the Seller. The Buyer understands and agrees that the offer for sale of the product by the Seller is not an absolute or an un-conditional offer. Such offer to sell by the Seller is subject to repudiation by the Seller at any time before the delivery of the product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Buyer understands and agrees that Seller has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy or under any contract or policy betweenSellerand the Buyer or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.
  1. PRODUCT(S):
  2. The availability of the product under the offer to sell is subject to change without notice prior to the purchase of the product by the Buyer. However, there may be circumstances where the product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct to cancel such purchase transaction without any recourse to Buyer and without any liability to Seller. If the Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. The Seller shall have the sole discretion to determine the mode of reversal from the above options.
  3. With respect to the sale of product by the Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
  • the Seller has the right to sell the products to the Buyer on or through the website;
  • Buyer shall have and enjoy quiet possession of the products;
  • products shall be free from any charge or encumbrance in favour of a third party;
  • Buyer shall be entitled to all the warranties and other collaterals applicable to the product or as generally made available by the manufacturer or seller of the product;
  • product shall meet the description and specifications as provided on the Website.
  1. The Seller also respects the intellectual property rights of all entities. If intellectual property rights have been violated in any manner, the concerned party is requested to fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") provided in the annexure below. Please send the duly filed out IP Infringement Notice via email to Sayhello@plateandpeonie.com. Any incomplete or improperly filled out document may not be considered.
  1. PRICING INFORMATION
  2. The Selling Price of the product is subject to change without notice prior to the purchase of the product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons, there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
  1. DELIVERY OF THE PRODUCT
  2. There are various delivery models for delivery of purchased product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the products during the course of delivery or during transit shall be on the Seller and not on the Buyer. Seller represents and warrants that the products being delivered are not faulty and are exactly those products which are listed and advertised by Seller on itswebsite and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
  3. Buyer's shipping address, pin code will be verified with the database of website before the Buyer proceeds to pay for Buyer's purchase. In the event the Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the product can be delivered by the logistics service provider or by the Seller.
  4. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not of essence in the contract between the Buyer and the Seller for purchase and sale of product on or through the Seller's website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment for the purchase of product.
  5. Buyer shall be bound to take delivery of the products purchased by the Buyer that are said to be in a deliverable state. Where the Buyer neglects or refuses to accept the delivery of the products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance.
  6. The title in the products and other rights and interest in the products shall directly pass on to the Buyer from Seller upon delivery of such product and upon full payment of price of the product. Upon delivery, the Buyer is deemed to have accepted the products. The risk of loss shall pass on to the Buyer upon delivery of product.
  1. GOVERNING LAW
  2. These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. The Buyer acknowledge that these Terms of Sale are solely for the Buyer's benefit. It is not for the benefit of any other person, except for the Buyer, his/ her/ its successors and permitted assignees.

REPORT IPR INFRINGEMENT

A. Report of Violations of your Intellectual PropertyRights

Plate and Peonie respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please fill out and submit the Notice of InfringementofIntellectualPropertyForm("IPInfringementNotice")providedbelow.

B. When you send an IP Infringement Notice (collectively referred to as"Notice(s)")

  1. You declare that all statements made by you aretrue;
  2. You acknowledge and agree that we may share your Notice to third parties including the parties involved in the allegedly infringing activities, our group companies, our advisors and other thirdparties;
  3. You agree to indemnify Plate and Peonie and its group companies against all claims which may arise in connection with such a Notice being made byyou.

C. Once we receive aNotice

  1. We will evaluate the contents of theNotice
  2. Wemaytakesuchactionaswedeemappropriateinkeepingwithourpoliciesandapplicable law which may include, asking further details from you or taking down the content that was the subject matter of YourNotice.
  3. Toreportinfringementoftrademark/copyright/designonsayhello@plateandpeoniedownload the form to provide requiredinformation.

Report ofInfringement

You can report any infringement by completing the form below. We assure a takedown of any listing that infringes third party IP rights after being satisfied that:

  1. Ownership of the intellectual Property has beenestablished.
  2. The infringer has been identified through proof of purchase or any otherdocument.
  3. The claim of infringement is based on objective and reasonablebasis.

In the absence of the above, we also delists products in compliance with any directions or order passed by court or any other relevant authority. We strongly condemns counterfeiting and infringement of IP rights.

Annexure

IP INFRINGEMENT NOTIFICATION Form

Do you have a Court Order: (Please tick the relevant answer)
Yes. Please share a copy of the Court Order
No. Please share a reason for not having a Court Order / Invoice Copy

 
Please provide a URL / screenshot of the webpage / listing where the infringing Trademark/Copyright/Design is shown on the Platform:
  Enter comma separated product urls
My complaint is related to (Please tick the relevant category) (Please tick the relevant answer)
Trademark concern Listing contains unlawful use of Trademark
Listing contains unlawful copy of text
Listing contains unlawful copy of image
Listing contains unlawful copy of packaging
Copyright concern Software is offered for sale in violation of enforceable license agreement
Listing contains unlawful copy of copyrighted text
Listing contains unlawful copy of copyrighted image
Listing contains unlawful copy of copyrighted image and text
Patent concern Item(s) infringes a valid and enforceable Patent
Design concern Item(s) infringes a registered Design Right
Please provide your brand name  
Please share the registration status of your IP (Please tick the relevant answer) Registered - Unregistered - Please share the certificate.
Please provide your contact details (All details are required for successful reporting)
First Name  
Last Name  
Company  
Address  
City  
Country  
Pincode  
Phone No.:  
Email:

I have read and accept the statements below, and my signatures at the bottom signifies my assent to the same.

  • I am the authorized person for the company who honestly believe that the content(s) described above violate(s) my rights described above or those held by the holder (whose beneficiary I am), and that the use of such content(s) is contrary tolaw.
  • I shall indemnify you against any loss, actions, claims including statutory actions and claims, disputesandcosts,arisingduetoanyfalseandfrivolousdocumentsandinformationprovidedby me.
  • I declare that the information contained in this notification is correct and accurate and that I am the holder or beneficiary of the owner of the rights described above. I am aware that making any false statement in this notification could leave me liable to having civil and, possibly, criminal proceedings initiated againstme.

Signature

(Please share a scanned copy of the filled in form to the email id of Grievance Officer, details of which are provided under Privacy Policy)

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